Legal Opinion
In re the Arbitration between City of Utica & Zumpano
New York Court of Appeals
Decided April 30, 1998PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Petitioner City of Utica argues that, as applied to the facts of this case, Civil Service Law § 209-a (1) (e) violates the home rule provisions of the State Constitution (NY Const, art IX, § 2) by depriving the City of control over the staffing of its fire department. We disagree.
Under article IX, § 2 of the State Constitution, the Legislature has the authority to enact a “general law” relating to the property, affairs or government of local governments (NY Const, art IX, § 2 [b] [2]). A “general…
2Cases cited3 opinions
- City of Amsterdam v. HelsbyNew York Court of Appeals · 1975
- Ass'n of Surrogates & Supreme Court Reporters v. StateNew York Court of Appeals · 1992
- City of New York v. Patrolmen's Benevolent Ass'n of City of New York, Inc.New York Court of Appeals · 1996
3Cited by4 opinions
- Citizens for Hudson Valley v. New York State Board on Electric Generation Siting & the EnvironmentAppellate Division of the Supreme Court of the State of New York · 2001
- Evans v. Deposit Cent. Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2020
- Hanna v. ZumpanoAppellate Division of the Supreme Court of the State of New York · 1999
- Harkenrider v. HochulNew York Court of Appeals · 2022