Legal Opinion

Nolan v. Tully

Appellate Division of the Supreme Court of the State of New York

Decided May 27, 1976PublishedCited by 15 opinions

1Opinion of the CourtKoreman, P. J.

This appeal is limited to those petitioners who were in positions in the noncompetitive class of the civil service as estate tax attorneys (part-time), some of whom were removed from their positions, and others who state that respondent intends to replace them in the near future. Petitioners have not been served with charges for incompetency or misconduct, nor have they been granted a hearing pursuant to section 75 of the Civil Service Law. They claim protection from summary removal under said statute, which provides as follows:

"1. Removal and other disciplinary action. A person described in…

2Cases cited6 opinions

  1. People Ex Rel. Jacobus v. . Van WyckNew York Court of Appeals · 1899
  2. O'Day v. YeagerNew York Court of Appeals · 1955
  3. Matter of Mylod v. GravesNew York Court of Appeals · 1937
  4. Matter of Mercer v. DowdNew York Court of Appeals · 1942
  5. Bass v. BragaliniAppellate Division of the Supreme Court of the State of New York · 1955

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3Cited by15 opinions

  1. Gowan v. TullyNew York Court of Appeals · 1978
  2. Ause v. ReganAppellate Division of the Supreme Court of the State of New York · 1977
  3. O'Neill v. City of AuburnCourt of Appeals for the Second Circuit · 1994
  4. Mayor of New York v. Council of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
  5. Gallagher v. GriffinNew York Supreme Court · 1978

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