Legal Opinion · Dissent

O'Reilly v. Grumet

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

Decided June 21, 1954Published

1DissentCohn, J.

The fire commissioner’s action in temporarily assigning petitioners as acting battalion chiefs was necessary for the efficient administration of the department and was neither unreasonable, nor violative of civil service law.

The fire commissioner is the official authorized by law to manage and direct the operations of the fire department. (New York City Charter, § 487; Matter of Calfapietra v. Walsh, 183 Misc. 6, affd. 269 App. Div. 734, affd. 294 N. Y. 867; People ex rel. Rogers v. Tinney, 184 App. Div. 748.) As an incident to his power as department head in managing the operations of the…

2Cases cited11 opinions

  1. Matter of Jaffe v. Board of EducationNew York Court of Appeals · 1934
  2. Calfapietra v. WalshNew York Supreme Court · 1944
  3. Matter of Calfapietra v. WalshNew York Court of Appeals · 1945
  4. Thomson v. . Board of EducationNew York Court of Appeals · 1911
  5. Calfapietra v. WalshAppellate Division of the Supreme Court of the State of New York · 1945

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