Legal Opinion

Reilly v. Reid

New York Court of Appeals

Decided June 13, 1978PublishedCited by 377 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Breitel.

Petitioner Reilly, a former associate attorney in the Office of the Counsel of the State Department of Environmental Conservation, seeks restoration to his abolished position and back pay. In this proceeding under CPLR article 78 he alleges that the abolition of his position by respondents, the department and its commissioner, was illegal. Special Term denied respondents’ motion to dismiss the petition on res judicata grounds, but the Appellate Division unanimously reversed and dismissed. Petitioner appeals.

In an earlier petition, Reilly unsuccessfully…

2Cases cited15 opinions

  1. Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
  2. Deposit Bank v. FrankfortSupreme Court of the United States · 1903
  3. Secor v. . SturgisNew York Court of Appeals · 1858
  4. Matter of Am. Ins. Co (Messinger)New York Court of Appeals · 1977
  5. Perry v. . DickersonNew York Court of Appeals · 1881

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3Cited by377 opinions

  1. O'Brien v. City of SyracuseNew York Court of Appeals · 1981
  2. Parker v. Blauvelt Volunteer Fire Co.New York Court of Appeals · 1999
  3. Smith v. Russell Sage CollegeNew York Court of Appeals · 1981
  4. In Re the Estate of HunterNew York Court of Appeals · 2005
  5. Robi v. Five Platters, Inc.Court of Appeals for the Ninth Circuit · 1988

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