What happens when a County fails to follow the order of a Supreme Court Judge?
In Fulton County the president of the local PBA filed an Article 78 to compel an exam for the civil service title of Investigator. When the position of Investigator was created the court ruled that the county charter, CBA and NYS CSL required that title be sent to the municipal civil service commission for review. When the lower court ordered that the title be sent to the Commission the Fire and Police Boards adopted a resolution granting permanent status to incumbent Investigators. Thereafter, Dailey filed an Article 78 to hold the Board in contempt for failure to follow the court order. The Appellate Division, Fourth Department held that it was a violation of Civil Service Law to issue the resolution and declare the incumbent's permanent.