Opinion
2003-04490.
Decided April 26, 2004.
In a proceeding pursuant to CPLR article 78 to review a determination of the County of Dutchess dated September 23, 2002, reclassifying the job title duties for Social Welfare Worker II employees, and to enjoin the County of Dutchess from requiring those employees to perform out-of-title work, the appeal is from a judgment of the Supreme Court, Dutchess County (Pagones, J.), dated May 9, 2003, which granted the petition.
Ian G. McDonald, County Attorney, Poughkeepsie, N.Y. (Keith P. Byron of counsel), for appellant.
O'Neil Burke, LLP, Poughkeepsie, N.Y. (William T. Burke of counsel), for respondents.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, SONDRA MILLER, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
A reviewing court may not disturb an administrative determination "unless there is no rational basis for the exercise of discretion or the action complained of is `arbitrary and capricious'" ( Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 231; see Matter of Colton v. Berman, 21 N.Y.2d 322, 329; Matter of Valle v. Buscemi, 233 A.D.2d 334). Contrary to the appellant's contention, its determination to reclassify the job title duties of the position of Social Welfare Workers II was arbitrary and capricious as the reclassification was not based upon an investigation and was in violation of the rules of the Classified Service of Dutchess County, Personnel Policy Manual Rule XXII. Furthermore, the reclassification was an improper attempt to validate out-of-title work that was previously imposed upon Social Welfare Worker II employees ( see Niebling v. Wagner, 12 N.Y.2d 314, 319; Matter of Mandle v. Brown, 4 A.D.2d 283, 286, affd 5 N.Y.2d 51).
The appellants' remaining contentions are without merit.
ALTMAN, J.P., SMITH, S. MILLER and CRANE, JJ., concur.