A town police officer who alleges local politicians illegally thwarted his career has no private right of action under a law that makes it a misdemeanor to obstruct an individual's civil service rights, a judge in Dutchess County has ruled in an apparent case of first impression.
Acting Supreme Court Justice Peter Forman of Poughkeepsie (See Profile) said he could find no indication that the Legislature, in enacting Civil Service Law §106, intended to expose municipalities to financial liability. Rather, he said the provision is limited to criminal enforcement, with no actual or implied private cause of action.
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