Matter of Randolph v. N.Y. City Dept. of Social Serv

Full title: In the Matter of HOWARD RANDOLPH, Respondent, v. NEW YORK CITY DEPARTMENT…

Court: Court of Appeals of the State of New York

Date published: Dec 27, 1978

386 N.E.2d 1088 (N.Y. 1978)

386 N.E.2d 1088

414 N.Y.S.2d 121

Opinion

Argued November 28, 1978

Decided December 27, 1978

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HYMAN KORN, J.

Allen G. Schwartz, Corporation Counsel (Paul T. Rephen and Leonard Koerner of counsel), for appellants.

Jeffrey L. Kriesberg, Stephen F. Gordon and Gerald J. Barre for respondent.

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 in Matter of Franchina v Codd ( 46 N.Y.2d 816 decided herewith) 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 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.