Legal Opinion

Gowan v. Tully

New York Court of Appeals

Decided June 13, 1978PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Breitel.

Petitioners are former part-time estate tax attorneys in the noncompetitive class of the civil service in the State Department of Taxation and Finance. They brought this proceeding under CPLR article 78 for reinstatement to the positions from which they had been removed by respondent commissioner. They appeal from an order of the Appellate Division which affirmed, one Justice dissenting, the dismissal of their petition on grounds of res judicata. An earlier petition seeking the same relief had resulted in a final judgment for respondent.

At issue is…

2Cases cited10 opinions

  1. Elrod v. BurnsSupreme Court of the United States · 1976
  2. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  3. Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
  4. Reilly v. ReidNew York Court of Appeals · 1978
  5. Matter of Wipfler v. KlebesNew York Court of Appeals · 1940

5 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Reilly v. ReidNew York Court of Appeals · 1978
  2. Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
  3. National Amusements, Inc. v. City of SpringdaleOhio Supreme Court · 1990
  4. Kret v. Brookdale Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1983
  5. Childs v. ChildsAppellate Division of the Supreme Court of the State of New York · 1979

19 more not listed; retrieve them via the Exa API.

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