Legal Opinion

New York City Department of Environmental Protection v. New York City Civil Service Commission

New York Court of Appeals

Decided September 12, 1991PublishedCited by 39 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Wachtler.

Respondent John Daly, an employee of the Department of *321Environmental Protection’s Owl’s Head Water Pollution Control Plant, was charged with threatening Jerome Gibbs, a fellow employee, and then punching him in the stomach and knocking him into a wall. Earlier in the day, Gibbs had allegedly been the subject of a racially motivated attack. According to Gibbs, Daly’s threats were designed to keep Gibbs from pressing criminal charges against the two coemployees who had been involved in the earlier incident.

In July of 1986, the Department charged Daly…

2Cases cited17 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Johnson v. RobisonSupreme Court of the United States · 1974
  3. Barlow v. CollinsSupreme Court of the United States · 1970
  4. Switchmen's Union v. National Mediation BoardSupreme Court of the United States · 1943
  5. Gardner v. Toilet Goods Assn., Inc.Supreme Court of the United States · 1967

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3Cited by39 opinions

  1. Mitchell v. FishbeinCourt of Appeals for the Second Circuit · 2004
  2. Mitchell v. FishbeinCourt of Appeals for the Second Circuit · 2004
  3. Jennings v. CommissionerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Madison-Oneida Board of Cooperative Educational Services v. MillsNew York Court of Appeals · 2004
  5. Alaka'i Na Keiki, Inc. v. MatayoshiHawaii Supreme Court · 2012

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