Atkatsh v. Codd

These two proceedings pursuant to CPLR article 78 which raise virtually identical issues, are consolidated for purposes of this decision.

The petitioners in these proceedings were members of the Police Department, both of whom resigned from the force under wholly honorable circumstances, both of whom applied for reinstatement within a year of resignation, and both of whom were reinstated. However, since their actual reinstatement occurred more than one year after resignation, respondent commissioner, pursuant to section 80 of the Civil Service Law, has determined that their seniority is…