Franchina v. Codd

New York Court of Appeals
Franchina v. Codd, 46 N.Y.2d 816 (N.Y. 1978)
386 N.E.2d 1088; 414 N.Y.S.2d 121; 1978 N.Y. LEXIS 2490

Franchina v. Codd

Opinion of the Court

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.

Reference

Full Case Name
In the Matter of Joseph B. Franchina v. Michael J. Codd, as Police Commissioner of the Police Department of the City of New York, Appellants In the Matter of Leon Moore v. Alphonse D'Ambrose, as City Personnel Director and as Chairman of the City Civil Service Commission, Appellants In the Matter of Vyto Atkatsh v. Michael J. Codd, as Police Commissioner of the City of New York, Appellants In the Matter of James J. McCabe v. Michael J. Codd, as Police Commissioner of the City of New York
Cited By
5 cases
Status
Published