Brown v. Kerik

I concur on constraint of our decisions in Matter of Scotto v Giuliani (288 AD2d 102 [2001], lv denied 97 NY2d 613 [2002]), Matter of Finelli v Bratton (298 AD2d 197 [2002], lv denied 100 NY2d 505 [2003]), and Matter of Marti v Kerik (307 AD2d 836 [2003]).

This proceeding was litigated on the assumption that the critical issue was whether the duties performed by petitioners in the ECT, designated by the Police Commissioner as a nondetective track command, were comparable to the duties performed by investigators in the CSU, designated by the Police Commissioner as a detective-track command.…