Brienza v. Roche — 46 N.Y.2d 1059

Majority

p. 1059

Vita Brienza et al., Respondents, v Thomas F. Roche, as Director of the Department of Personnel of the City of New York, et al., Appellants.

Submitted March 21, 1979;

decided April 5, 1979

p. 1060

APPEARANCES OF COUNSEL

Allen G. Schwartz, Corporation Counsel (L. Kevin Sheridan and Susan L. Bloom of counsel), for appellants.

Ross M. Branca for respondents.

OPINION OF THE COURT

Order reversed, with costs, and the petition dismissed on the authority of Yetman v D’Ambrose ( 46 NY2d 830 ).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg.