Duffy v. Dinkins
Opinion of the Court
— Judgment, Supreme Court, New York County (Alfred Toker, J.), entered June 1, 1992, which dismissed the petition, brought pursuant to CPLR article 78, requesting that petitioners, upon transfer to the New York City Police Department pursuant to chapter 675 of the Laws of 1991, are immediately entitled to participate in the Police Officer’s Variable Supplements Fund (“POVSF”) and receive benefits therefrom upon retirement as of the date of their appointments to the Transit Police Department, and which also sought a declaration that, upon their transfer, they are entitled to transfer their seniority rights, including rights for vacation selection purposes, unanimously affirmed, without costs.
As the transfer statute also provided that chief administrative officers promulgate rules and regulations necessary to implement the transfers (L 1991, ch 675, §8), the court also properly refused to intervene in legitimate agency rule-making authority with respect to seniority rights (see, Matter of Bates v Toia, 45 NY2d 460, 464). Concur — Milonas, J. P., Ellerin, Kassal and Rubin, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.