Legal Opinion · Dissent

McKechnie v. Ortiz

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

Decided July 16, 1987Published

1Dissent

Murphy, P. J., and Kupferman, J., dissent in a memorandum by Kupferman, J., as follows:

In 1975, New York City faced a financial crisis. As a result, the city was forced to institute a number of economy measures. Among them was the layoff of 5,900 uniformed civil service employees. Over the next five years, as its economic health recovered, the city hired back almost 4,800 of those laid off. In 1982, to help ameliorate the problems caused by the layoff, the New York *476State Legislature enacted Civil Service Law § 80 (7).* It provides that those laid off who returned to their jobs "shall be…

2Cases cited6 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Sega v. State of New YorkNew York Court of Appeals · 1983
  3. In Re the Arbitration Between Susquehanna Valley Central School District & Susquehanna Valley Teachers' Ass'nNew York Court of Appeals · 1975
  4. People v. GrahamNew York Court of Appeals · 1982
  5. Byer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1975

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