Legal Opinion

Yates v. Grecco

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

Decided December 17, 1981PublishedCited by 7 opinions

1Opinion of the Court

Appeal, by permission, from that portion of an order of the Supreme Court at Special Term (Dier, J.), entered March 23, 1981 in Saratoga County, which, in a proceeding pursuant to CPLR article 78, denied respondents’ motion for summary judgment and ordered a trial of issues of fact pursuant to CPLR 7804 (subd [h]). Petitioner, a patrolman in the police department of the City of Johnstown since 1969, took a competitive examination on May 5, 1979 for the position of sergeant and he placed second on the eligibility list. However, petitioner was passed over and respondent Cook, who ranked third…

2Cases cited3 opinions

  1. Cassidy v. Municipal Civil Service CommissionNew York Court of Appeals · 1975
  2. Donofrio v. HastingsAppellate Division of the Supreme Court of the State of New York · 1978
  3. Frank v. TishelmanAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by7 opinions

  1. Davidson v. KeenanCourt of Appeals for the Second Circuit · 1984
  2. Rutherford v. City of PortlandSupreme Judicial Court of Maine · 1985
  3. Drogan v. WardDistrict Court, S.D. New York · 1987
  4. Aladin v. SchultzAppellate Division of the Supreme Court of the State of New York · 1991
  5. Cassidy v. New York City Department of CorrectionAppellate Division of the Supreme Court of the State of New York · 1983

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