Legal Opinion

Franchina v. Codd

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

Decided May 19, 1977PublishedCited by 11 opinions

1Opinion of the CourtMarkewich, J.

Each of the four petitioners below—two appellants, two respondents here—resigned from the police department under honorable circumstances, with spotless records, for reasons having nothing whatever to do with their performance as officers. Following periods of separation from the department of about 10 months—9 in one case—each applied for reinstatement. In each instance, formal reinstate*396ment came about with seniority running from the date thereof, with the same rank, grade, and salary as before; the later dating of seniority without continuity from the original date of induction was to…

2Cases cited3 opinions

  1. Matter of Ormsby v. . BellNew York Court of Appeals · 1916
  2. Nathanson v. AdamsNew York Supreme Court · 1955
  3. Ector v. SalzmannAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by11 opinions

  1. McGill v. D'AmbRoseAppellate Division of the Supreme Court of the State of New York · 1977
  2. Franchina v. CoddNew York Court of Appeals · 1978
  3. Italian Sons & Daughters of America, Inc. v. Common Council of BuffaloAppellate Division of the Supreme Court of the State of New York · 1982
  4. DeFrancis v. D'AmbroseAppellate Division of the Supreme Court of the State of New York · 1977
  5. McKernan v. City of New York Civil Service CommissionNew York Supreme Court · 1985

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