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Franchina v. Codd

46 N.Y.2d 816 Court N.Y. Decision date 1978-12-27 English

Contents

Majority

p. 816
In the Matter of Joseph B. Franchina, Respondent, v Michael J. Codd, as Police Commissioner of the Police Department of the City of New York, et al., Appellants. In the Matter of Leon Moore, Respondent, v Alphonse D’Ambrose, as City Personnel Director and as Chairman of the City Civil Service Commission, et al., Appellants. In the Matter of Vyto Atkatsh, Respondent, v Michael J. Codd, as Police Commissioner of the City of New York, et al., Appellants. In the Matter of James J. McCabe, Respondent, v Michael J. Codd, as Police Commissioner of the City of New York, et al., Appellants.
Argued November 28, 1978;
decided December 27, 1978
p. 818
APPEARANCES OF COUNSEL
Allen G. Schwartz, Corporation Counsel (Paul T. Rephen and L. Kevin Sheridan of counsel), for appellants.
Jonathon D. Warner for respondents in the first, second and fourth above-entitled proceedings.
Richard D. Dienst for respondent in the third above-entitled proceeding.

OPINION OF THE COURT

In each case: Order reversed, without costs, and the petition dismissed on so much of the dissenting opinion by Mr. Justice Vincent A. Lupiano at the Appellate Division as is concerned with the substantive issues arising under subdivision 2 of section 80 of the Civil Service Law and rule 6.2.1 of the Rules and Regulations of the New York City Civil Service Commission ( 57 AD2d 394 , 400-405). Question certified answered in the negative.

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

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