Patrick Lenihan Et Al. v. City New York Et Al‪.‬

The reclassification plan must be said to have become fully operative when, on May 11, 1979, the directive implementing the earlier personnel resolution was officially promulgated. The plan made clear, among other things, that, as of this date, the new title of warden had come into existence, the title of supervising warden was eliminated from the competitive class, advancement opportunities were significantly altered and no new promotional examinations would be ordered for the four consolidated positions. In light of the "final and binding" status of this plan and its ready ascertainability, the plaintiffs must be deemed aggrieved as of that time (Matter of Martin v Ronan, 44 N.Y.2d 374, 381; Matter of Griffin v County of Westchester, 36 A.D.2d 831, affd 29 N.Y.2d 944). Indeed, other employees who were similarly affected already had sought action in the courts (Matter of Basoa v New York City Dept. of Correction, Index No. 7396/79 [Supreme Ct, New York County], app dsmd App Div 1st Dept., May 12, 1981).