54 A.D.2d 639 | N.Y. App. Div. | 1976
Judgment, Supreme Court, New York County, entered on March 20, 1975, after a nonjury trial, unanimously modified, on the law, to the extent of reversing so much thereof as remitted the matter to the Civil Service Commission for classification consistent with the opinion of the trial court finding that three positions had been improperly continued in the exempt class and otherwise affirmed, without costs and without disbursements. The trial court correctly observed that "[o]nce the appropriate commission acts in carrying out its function with respect to classifying of positions its determinations are presumed to be reasonable and cannot be disturbed unless shown to be arbitrary or unreasonable.