IN RE: Mark CURATOLO (2026)

DECISION & ORDER

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Daniel Donahue, as Under–Sheriff of the Sheriff's Department, dated November 14, 2019, which denied the petitioner's request to be designated an investigator in the Nassau County Sheriff's Department pursuant to Civil Service Law § 58(4), the petitioner appeals from a judgment of the Supreme Court, Nassau County (Helen Voutsinas, J.), dated March 20, 2022.  The judgment, after a nonjury trial pursuant to CPLR 7804(h), denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, without costs or disbursements.

The petitioner has been employed as a correction sergeant with the respondent Nassau County Sheriff's Department since 2017.  In November 2019, the petitioner requested to be designated an investigator pursuant to Civil Service Law § 58(4).  In a determination dated November 14, 2019, the respondent Daniel Donahue, as Under–Sheriff of the Sheriff's Department, denied the petitioner's request.  Thereafter, the petitioner commenced this proceeding pursuant to CPLR article 78 to annul the determination.  In a judgment dated March 20, 2022, the Supreme Court, after a nonjury trial pursuant to CPLR 7804(h), denied the petition and dismissed the proceeding.  The petitioner appeals.

The Supreme Court properly denied the petition and dismissed the proceeding.  Civil Service Law § 58(4)(b)(ii) (former [c][ii] ) provides, in relevant part, that “any person who has received permanent appointment to the position of ․ correction officer of any rank ․ and is temporarily assigned to perform the duties of detective or investigator shall, whenever such assignment ․ exceeds eighteen months, be permanently designated as a detective or investigator” (see Matter of Wood v. Irving, 85 N.Y.2d 238, 242;  Matter of Calabrese v Commissioner of Police of City of Yonkers, 282 A.D.2d 457, 457).  Here, the petitioner was not entitled to be designated an investigator pursuant to Civil Service Law § 58(4) because he was not temporarily assigned to perform the duties of an investigator in his position as correction sergeant (see Matter of Cieslinski v. Cassino, 282 A.D.2d 457, 458;  Matter of Calabrese v Commissioner of Police of City of Yonkers, 282 A.D.2d at 457).

The petitioner's remaining contentions are without merit.

IANNACCI, J.P., BRATHWAITE NELSON, DOWLING and GOLIA, JJ., concur.