Legal Opinion · Dissent
Degnan v. Rahn
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 2003Published
1Dissent
Hurlbutt, J. (dissenting).
I respectfully dissent. Contrary to the view of the majority, I conclude that respondents have established as a matter of law that this proceeding in the nature of mandamus to compel (see CPLR 7803 [1]) is barred by laches. Petitioner alleges in his verified petition that he was appointed as a police officer in respondent Town of Greece (Town) on October 1, 1985, and that, since October 7, 1996, he has performed the duties of an investigator/detective. He asserts that he therefore is entitled to be permanently designated an investigator/detective and to receive the…
2Cases cited8 opinions
- Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
- Austin v. Board of Higher EducationNew York Court of Appeals · 1959
- Sheerin v. New York Fire Department Articles 1 & 1B Pension FundsNew York Court of Appeals · 1979
- Thomas v. StoneAppellate Division of the Supreme Court of the State of New York · 2001
- Civil Service Employees Ass'n v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1997
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