Legal Opinion
DeSantis v. City of Jamestown
New York Supreme Court
Decided September 18, 2002PublishedCited by 2 opinions
1Opinion of the Court
*198OPINION OF THE COURT
Joseph Gerace, J.
This is a proceeding, brought pursuant to article 78 of the CPLR, in which the petitioners seek a judgment enjoining the City of Jamestown from reorganizing its fire department by eliminating, or failing to fill, the position of fire chief. Respondents, the City, the mayor and members of the City Council (who will be referred to collectively as the City), cross-move to dismiss the petition in its entirety.
The City’s fire chief retired in October 2001. The City asserts that it has been unable to find a replacement for him. In response, the mayor developed a…
2Cases cited5 opinions
- New York University v. WhalenNew York Court of Appeals · 1978
- Gallagher v. ReganNew York Court of Appeals · 1977
- Doris R. v. Village of Penn YanAppellate Division of the Supreme Court of the State of New York · 1997
- Britt v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 1981
- Tri-Village Publishers, Inc. v. St. Johnsville Board of EducationAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by2 opinions
- School Transparency Organization v. Harpursville Central School DistrictNew York Supreme Court · 2015
- Opn. No., New York Attorney General Reports2004