Legal Opinion

Gallagher v. City of New York

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

Decided June 12, 2003PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J.

This appeal presents the issue of whether the decision to create a “promotional” list of candidates for appointment to the position of firefighter from the ranks of emergency medical technicians (EMTs) and paramedics employed in the Emergency Medical Service (EMS) Division of the Fire Department of the City of New York, which list would be exhausted before any candidates for the same position would be chosen from a list created by an open competitive examination, consisting of the same written examination given simultaneously, was arbitrary and capricious or in…

2Cases cited15 opinions

  1. People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
  2. Grossman v. RankinNew York Court of Appeals · 1977
  3. Cassidy v. Municipal Civil Service CommissionNew York Court of Appeals · 1975
  4. Wirzberger v. WatsonNew York Court of Appeals · 1953
  5. McGowan v. BursteinNew York Court of Appeals · 1988

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3Cited by6 opinions

  1. Matter of Montgomery v. New York State Dept. of Corr. & Community Servs.Appellate Division of the Supreme Court of the State of New York · 2021
  2. Weiner v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  3. Matter of Social Servs. Empls. Union Local 371 v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2019
  4. Roberts v. New York City Office of Collective BargainingAppellate Division of the Supreme Court of the State of New York · 2013
  5. Roberts v. New York City Office of Collective BargainingAppellate Division of the Supreme Court of the State of New York · 2013

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