Legal Opinion · Dissent

Franchina v. Codd

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

Decided May 19, 1977Published

1Dissent

Lupiano, J. (dissenting).

Each of these appeals presents an analogous factual situation and they are, therefore, consolidated for purposes of disposition. Petitioners are police officers who voluntarily terminated their service with the police department, under honorable circumstances, and within one year of the date of their respective resignations, each applied for reinstatement. Their applications for reinstatement were favorably acted upon and they were formally reinstated (reappointed) at a point in time in excess of one year since their respective resignations. Subsequently, the city…

2Cases cited3 opinions

  1. Matter of Doering v. HinrichsNew York Court of Appeals · 1942
  2. Winkle v. AdamsNew York Supreme Court · 1956
  3. Spurling v. Police Department of City of New YorkAppellate Division of the Supreme Court of the State of New York · 1975

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