Legal Opinion
Ernst v. New York State Executive Department
Appellate Division of the Supreme Court of the State of New York
Decided January 8, 1998PublishedCited by 4 opinions
1Opinion of the CourtSpain, J.
Appeal from a judgment of the Supreme Court (Keegan, J.), entered December 4, 1996 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for failure to join a necessary party.
Petitioner was appointed to the exempt position of Public Relations Officer for respondent New York State Division of Parole in 1991. In March 1995, the Division executed cost-saving measures including the abolition of certain positions within the Division; petitioner, however, as a veteran of the Vietnam War, enjoyed the protections of Civil Service Law §75. Thereafter, however,…
2Cases cited5 opinions
- Baker v. Town of RoxburyAppellate Division of the Supreme Court of the State of New York · 1995
- Llana v. Town of PittstownAppellate Division of the Supreme Court of the State of New York · 1996
- Mount Pleasant Cottage School Union Free School District v. SobolAppellate Division of the Supreme Court of the State of New York · 1990
- Mount Pleasant Cottage School Union Free School District v. SobolNew York Court of Appeals · 1991
- Dawn Joy Fashions, Inc. v. Commissioner of LaborAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by4 opinions
- O'Connell v. Zoning Board of Appeals of New ScotlandAppellate Division of the Supreme Court of the State of New York · 1999
- Ogbunugafor v. New York State Education DepartmentAppellate Division of the Supreme Court of the State of New York · 2001
- Civil Service Employees Ass'n v. PatakiAppellate Division of the Supreme Court of the State of New York · 1999
- Civil Service Employees Association, Inc. v. PatakiAppellate Division of the Supreme Court of the State of New York · 1999