McCormack v. Lowery — 39 N.Y.2d 1024

Majority

p. 1024

In the Matter of David M. McCormack, Individually and as President of the Uniformed Fire Officers Association, Local 854, International Association of Fire Fighters, AFL-CIO, et al., Respondents, v Robert O. Lowery, Individually and as Fire Commissioner of the City of New York, Appellant.

Argued June 9, 1976;

decided July 13, 1976

p. 1025

W. Bernard Richland, Corporation Counsel (Nina G. Goldstein, L. Kevin Sheridan and Paula J. Omansky of counsel), for appellant.

Murray A. Gordon and David M. Rabban for David M. McCormack and others, respondents.

p. 1026

Robert A. Kennedy, Robert J. Aurigema and William M. Savino for Richard J. Vizzini and others, respondents.

Memorandum. The order of the Appellate Division should be affirmed for the reason that the concurrent two platoon system proposed by the fire commissioner contravenes section 487a-11.0 of the New York City Administrative Code which requires a department-wide "two platoon system”. While the reference tó a two platoon system might be ambiguous in another context, here it is not. After 50 years of consecutively operating department-wide platoons the phrase, "two platoon system”, as codified, must be accorded special meaning consonant with its historically long-standing character. Consequently, we have no alternative but to apply the law as written. The commissioner’s remedy lies not with the courts but with the Legislature.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum.