Opinion
July 16, 1993
Appeal from the Supreme Court, Wayne County, Strobridge, J.
Present — Green, J.P., Pine, Lawton, Boomer and Boehm, JJ.
Judgment unanimously affirmed without costs. Memorandum: Supreme Court correctly determined that respondents' authority to terminate petitioner's service was not limited by Civil Service Law § 75. As Town Building Inspector, petitioner was not a public employee, but a public officer who held her position "at the pleasure of the town board" (Town Law § 24; Matter of Haller v Carlson, 42 A.D.2d 829). Further, respondents did not remove petitioner from office during her term, but declined to reappoint her to another one-year term. The protections of Civil Service Law § 75 do not extend to petitioner because she was not "removed or otherwise subjected to any disciplinary penalty" (Civil Service Law § 75; see, Matter of Berg v. Gerber, 78 A.D.2d 888, affd 54 N.Y.2d 854).