Legal Opinion

Kuczka v. Clark

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

Decided February 26, 1982PublishedCited by 5 opinions

1Opinion of the Court

Judgment unanimously reversed and petition dismissed, without costs. Memorandum: In this CPLR article 78 proceeding to compel the local civil service official to place petitioner-appellant’s name on a civil service list as a candidate for the position of police officer, the Trial Justice has erroneously construed the age eligibility requirement imposed by section 58 (subd 1, par [a]) of the Civil Service Law. That paragraph reads in part that no person shall be eligible for appointment as a police officer unless “he is not less than twenty nor more than twenty-nine years of age”. The Trial…

2Cases cited2 opinions

  1. Spina v. County of ChautauquaAppellate Division of the Supreme Court of the State of New York · 1975
  2. Whitehair v. Civil Service CommissionAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by5 opinions

  1. Doyle v. Suffolk CountyCourt of Appeals for the Second Circuit · 1986
  2. State v. ShabazzNew Jersey Superior Court Appellate Division · 1993
  3. Kuczka v. ClarkNew York Court of Appeals · 1982
  4. John Doyle, Barbara McCuen William T. Milne, Frank Misiano, John J. Presta, Kevin Sweeney, George Lynn, Frederick Slanovec, Chris Innes, and John Considine, for Themselves and for All Persons Similarly Situated, Plaintiffs v. Suffolk County, Suffolk County Civil Service Commission, and Suffolk County Police Department, and State of New York, Intervenor-Appellee. Rolf Hettinger and Michael J. McConnell v. Nassau County Civil Service Commission, Adele Leonard, as Executive Director of the Nassau County Civil Service Commission, Nassau County Police Department and the County of Nassau, and State of New York, Intervenor-AppellantCourt of Appeals for the Second Circuit · 1986
  5. Scott v. GunterDistrict Court of Appeal of Florida · 1983

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