Legal Opinion

Montella v. Bratton

New York Court of Appeals

Decided June 8, 1999PublishedCited by 15 opinions

1Opinion of the Court

*426OPINION OF THE COURT

Chief Judge Kaye.

The consolidated CPLR article 78 proceedings before us present an open question: does the New York City Civil Service Commission have jurisdiction to hear and decide appeals by uniformed police officers disciplined pursuant to section 14-115 of the Administrative Code of the City of New York? Because the Civil Service Law explicitly limits the Commission’s jurisdiction to appeals from discipline imposed pursuant to Civil Service Law § 75, and because punishment imposed by the New York City Police Commissioner pursuant to section 14-115 does not fall within…

2Cases cited7 opinions

  1. Berenhaus v. WardNew York Court of Appeals · 1987
  2. City of New York v. City Civil Service CommissionNew York Court of Appeals · 1983
  3. Trotta v. WardNew York Court of Appeals · 1991
  4. Editorial Photocolor Archives, Inc. v. Granger CollectionNew York Court of Appeals · 1984
  5. City of New York v. MacDonaldAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by15 opinions

  1. Patrolmen's Benevolent Ass'n of City of New York, Inc. v. New York State Public Employment Relations BoardNew York Court of Appeals · 2006
  2. City of Mount Vernon v. CuevasAppellate Division of the Supreme Court of the State of New York · 2001
  3. Breer v. Sears, Roebuck & Co.New York Supreme Court · 2000
  4. Von Essen v. New York City Civil Service CommissionNew York Court of Appeals · 2005
  5. Benevolent Assn v. PerbNew York Court of Appeals · 2006

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