New York Court of Appeals, 1978

Randolph v. New York City Department of Social Services

Randolph v. New York City Department of Social Services
New York Court of Appeals · Decided December 27, 1978
46 N.Y.2d 814; 386 N.E.2d 1088; 414 N.Y.S.2d 121; 1978 N.Y. LEXIS 2489

Randolph v. New York City Department of Social Services

Opinion of the Court

OPINION OF THE COURT

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 in Matter of Franchina v Codd (46 NY2d 816 decided herewith) 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 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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