Legal Opinion

Briggins v. McGuire

New York Court of Appeals

Decided May 6, 1986PublishedCited by 12 opinions

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

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Matter of ObergfellNew York Court of Appeals · 1924

3Cited by12 opinions

  1. Duffy v. WardNew York Court of Appeals · 1993
  2. MATTER OF FOLEY v. BrattonNew York Court of Appeals · 1999
  3. Sharkey v. Police Department of SouthamptonAppellate Division of the Supreme Court of the State of New York · 1992
  4. Lemieux v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1988
  5. Hays v. WardAppellate Division of the Supreme Court of the State of New York · 1992

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API