Opinion
Argued November 28, 1978
Decided December 27, 1978
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE POSTEL, J.
Allen G. Schwartz, Corporation Counsel (Paul T. Rephen and L. Kevin Sheridan of counsel), for appellants.
Jonathon D. Warner for respondents in the first, second and fourth above-entitled proceedings.
Richard D. Dienst for respondent in the third above-entitled proceeding.
In each case: Order reversed, without costs, and the petition dismissed on so much of the dissenting opinion by Mr. Justice VINCENT A. LUPIANO at the Appellate Division as is concerned with the substantive issues arising under subdivision 2 of section 80 of the Civil Service Law and rule 6.2.1 of the Rules and Regulations of the New York City Civil Service Commission ( 57 A.D.2d 394, 400-405). Question certified answered in the negative.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.