Collins v. Manhattan & Bronx Surface Transit Operating Authority
New York Court of Appeals
POINTS OF COUNSEL I. The Manhattan & Bronx Surface Transit Operating Authority, a public benefit corporation, is not a civil division of the State, and, therefore, is not covered by section 6 of article V of the New York Constitution. (People ex rel.
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POINTS OF COUNSEL I. The Manhattan & Bronx Surface Transit Operating Authority, a public benefit corporation, is not a civil division of the State, and, therefore, is not covered by section 6 of article V of the New York Constitution. (People ex rel. Downing u Stout, 23 Barb 338; Markey u County of Queens, 154 NY 675; Gaynor v Marohn, 268 NY 417; Village of Kenmore v County of Erie, 252 NY 437; Holmes v County of Erie, 266 App Div 220; People v Shepard, 36 NY 285; Metropolitan Bd. of Health v Heister, 37 NY 661; People v Pinckney, 32 NY 377; Herman v Board of Educ., 234 NY 196; Union Free…
1Opinion of the Court
*365OPINION OF THE COURT
Meyer, J.
Appointments and promotions by a public authority are not appointments and promotions in the civil service of the State or a civil division thereof within the meaning of section 6 of article V of the State Constitution. Such appointments and promotions are not governed by the Civil Service Law, therefore, unless the Legislature in establishing the particular authority so provides, or unless the only purpose of entrusting the function to be performed to an authority is evasion of the constitutional requirement applicable to the State and its civil divisions. Nor…
2Cases cited33 opinions
- Weiner v. McGraw-Hill, Inc.New York Court of Appeals · 1982
- Matter of Andresen v. RiceNew York Court of Appeals · 1938
- Daleview Nursing Home v. AxelrodNew York Court of Appeals · 1984
- City of New York v. City Civil Service CommissionNew York Court of Appeals · 1983
- Chittenden v. . WursterNew York Court of Appeals · 1897
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3Cited by38 opinions
- Konno v. County of Hawai'iHawaii Supreme Court · 1997
- Schulz v. State of New YorkNew York Court of Appeals · 1994
- Faltynowicz v. Battery Park City Auth. (In re World Trade Ctr. Lower Manhattan Disaster Site Litig.)Court for the Trial of Impeachments and Correction of Errors · 2017
- People v. MillerNew York Court of Appeals · 1987
- Levy v. City Commission on Human RightsNew York Court of Appeals · 1995
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