Legal Opinion

Shafer v. Regan

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

Decided November 14, 1991PublishedCited by 5 opinions

1Opinion of the Court

*313OPINION OF THE COURT

Casey, J. P.

At issue on this appeal is whether Supreme Court erred in annulling the determination of the Civil Service Commission which classified as exempt 40 positions of municipal financial analyst in the Office of the Special Deputy Comptroller for the City of New York. A review of the record reveals the absence of a rational basis for the determination and, therefore, Supreme Court’s judgment should be affirmed.

In Matter of Condell v Jorling (151 AD2d 88, 93) we explained:

"Exemption is the exception and is constitutionally permissible only when it is established that…

2Cases cited4 opinions

  1. Grossman v. RankinNew York Court of Appeals · 1977
  2. People Ex Rel. Sweet v. . LymanNew York Court of Appeals · 1898
  3. McGowan v. BursteinNew York Court of Appeals · 1988
  4. Condell v. JorlingAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by5 opinions

  1. Brynien v. New York State Department of Civil ServiceAppellate Division of the Supreme Court of the State of New York · 2010
  2. Civil Service Employees Ass'n v. State UniversityAppellate Division of the Supreme Court of the State of New York · 2001
  3. Anderson v. StateAppellate Division of the Supreme Court of the State of New York · 1997
  4. Arrocha v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1998
  5. Local 3621, EMS Officers Union, DC-37, AFSCME, AFL-CIO v. City of New YorkDistrict Court, S.D. New York · 2023

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