Katz v. Hoberman

Scileppi, J. (dissenting).

Today, a majority of this court, upon reargument, adheres to its reversal in Matter of Katz v. Hoberman and Matter of Elliott v. Haberman (28 N Y 2d 530). I dissented from the original determination for the reasons expressed in the opinion at Special Term (61 Misc 2d 411) and, now again dissent on the opinion at Special Term. I add only the following comments.

There is no factual dispute in this case. Respondents, lieutenants in the New York City Police Department, New York City Transit Police Department and New York City Housing Authority Police, are civil service…