New York Court of Appeals, 1982

MATTER OF WEIN v. City of New York

New York Court of Appeals · Decided May 13, 1982

56 N.Y.2d 758; 452 N.Y.S.2d 16; 437 N.E.2d 275; 1982 N.Y. LEXIS 3407

Cases that cite this one

3 later published cases cite this decision.

Borges v. McGuire (Appellate Division of the Supreme Court of New York 1985)
Von Essen v. New York City Civil Service Commission (Appellate Division of the Supreme Court of New York 2003)
Montella v. Bratton (Appellate Division of the Supreme Court of New York 1998)

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

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), judgment reversed, with costs, and the matter remitted to *760 Supreme Court, New York County, with directions to remand to the Fire Commissioner for imposition of an appropriate sanction under section 487a-12.0 of the Administrative Code of the City of New York. In imposing a penalty authorized by section 75 of the Civil Service Law, but not authorized by section 487a-12.0 of the Administrative Code, the commissioner acted without regard to subdivision 4 of section 76 of the Civil Service Law and, therefore, in excess of his authority.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.