Briggins v. McGuire
New York Court of Appeals
1Opinion of the Court
*967OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Constitutionally protected property rights in a public office "are created and their dimensions are defined” by, among other things, State law (Board of Regents v Roth, 408 US 564, 577; Greene v McGuire, 683 F2d 32, 34). While this State’s Civil Service Law certainly creates a protected property interest in a police officer’s position, Public Officers Law § 30 (1) (e) mandates that a public office automatically becomes vacant upon an officer’s "conviction of a felony”. This provision was enacted…
2Cases cited2 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Matter of ObergfellNew York Court of Appeals · 1924
3Cited by12 opinions
- Duffy v. WardNew York Court of Appeals · 1993
- MATTER OF FOLEY v. BrattonNew York Court of Appeals · 1999
- Sharkey v. Police Department of SouthamptonAppellate Division of the Supreme Court of the State of New York · 1992
- Lemieux v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1988
- Hays v. WardAppellate Division of the Supreme Court of the State of New York · 1992
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