New York Court of Appeals, 1980

Kerr v. Weisenberg

New York Court of Appeals · Decided March 25, 1980

49 N.Y.2d 870; 405 N.E.2d 179; 427 N.Y.S.2d 935; 1980 N.Y. LEXIS 2227

Cases that cite this one

5 later published cases cite this decision.

District Council 37, American Federation Of State, County & Municipal Employees, Afl-Cio v. New York City Department Of Parks And Recreation (2d Cir. 1997)
District Council 37, American Federation of State, County & Municipal Employees v. New York City Department of Parks & Recreation (2d Cir. 1997)
Schoonmaker v. Capital Region Board of Cooperative Educational Services (Appellate Division of the Supreme Court of New York 2011)
Lewis v. Cleveland Hill Union Free School District (Appellate Division of the Supreme Court of New York 1986)
Piro v. Bowen (Appellate Division of the Supreme Court of New York 1980)

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

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the order of the Appellate Division brought up for our review should be affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (65 AD2d 815), to which we add only that relinquishment of rights conferred by section 81 of the Civil Service Law may result, on a sufficient demonstration, from an abandonment without the necessity of a written resignation. On this record, however, we agree with the court below that petitioner did not abandon his statutory rights.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.