New York Court of Appeals, 1973

Berni v. Leonard

New York Court of Appeals · Decided June 7, 1973

32 N.Y.2d 933; 300 N.E.2d 731; 347 N.Y.S.2d 198; 1973 N.Y. LEXIS 1185; 6 Empl. Prac. Dec. (CCH) 8801; 6 Fair Empl. Prac. Cas. (BNA) 938

Cases that cite this one

2 later published cases cite this decision.

Evening Sentinel v. National Organization for Women (Conn. 1975)
City of Schenectady v. State Division of Human Rights (N.Y. 1975)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Memorandum. The prescription by the Civil Service Commission of minimum requirements for the Police Sergeant examination to include four years’ experience as a police patrolman is not per se unreasonable, and bears a sufficient relationship to and nexus with the position to be filled, upon the facts in this case. (Cf. Matter of Wirzberger v. Watson, 305 N. Y. 507, 513.) The record does not sustain a claim, and indeed none is here made, that women are denied the opportunity to become patrolmen. Petitioners have not, therefore, successfully attacked this initial classification as a discriminatory act.

Judges Burke, Breitel, Jasen, Gabrielli, Jones and Wachtler concur; Chief Judge Fuld dissents and votes to reverse and grant the application of petitioners on the dissenting opinion at the Appellate Division.

Order affirmed, without costs, in a memorandum.

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