Legal Opinion

Battaglia v. Schuler

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

Decided December 9, 1977PublishedCited by 17 opinions

1Opinion of the Court

Judgment unanimously affirmed, with costs. Memorandum: Respondents appeal from a judgment in petitioner’s CPLR article 78 proceeding which, inter alia, determined that petitioner’s employment was terminated in violation of his seniority rights (Civil Service Law, § 80-a) as a noncompetitive employee with more than five years’ continuous service, and directed his reinstatements as a State highway equipment operator. Section 80-a of the Civil Service Law provides in part that where, because of economy, noncompetitive positions are abolished, suspension among incumbents holding similar positions…

2Cases cited7 opinions

  1. S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
  2. Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
  3. Indig v. FinkelsteinNew York Court of Appeals · 1968
  4. Mulligan v. LackeyAppellate Division of the Supreme Court of the State of New York · 1970
  5. Dixon v. LaguardiaNew York Court of Appeals · 1938

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Dandomar Co. v. Town of Pleasant Valley Town BoardAppellate Division of the Supreme Court of the State of New York · 2011
  2. 22 Park Place Cooperative, Inc. v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1984
  3. Tessy Plastics Corp. v. State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 1978
  4. Barreca v. DeSantisAppellate Division of the Supreme Court of the State of New York · 1996
  5. Reyes v. SequeiraAppellate Division of the Supreme Court of the State of New York · 2009

12 more not listed; retrieve them via the Exa API.

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