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MERINGOLO v. JACOBSON

256 A.D.2d 20 (1998)

680 N.Y.S.2d 521

PETER D. MERINGOLO, on Behalf of the Members of the CORRECTION CAPTAINS ASSOCIATION, et al., Respondents, v. MICHAEL P. JACOBSON, as Correction Commissioner of the City of New York, et al., Appellants. NORMAN SEABROOK, as President of the Correction officers' Benevolent Association, et al., Proposed Intervenors-Respondents. PETER D. MERINGOLO, on Behalf of the Members of the CORRECTION CAPTAINS ASSOCIATION, et al., Respondents, v. MICHAEL P. JACOBSON, as Correction Commissioner of the City of New York, et al., Respondents. NORMAN SEABROOK, as President of the Correction officers' Benevolent Association, et al., Proposed Intervenors-Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 1, 1998.

We agree with the IAS Court that the savings clause in Civil Service Law § 76 (4), providing that nothing in Civil Service Law § 75 shall be construed to "repeal or modify" any local laws, is an unambiguous grandfathering provision that does not apply to the subsequently enacted Administrative Code § 9-112, providing that members of respondent's uniformed force charged with a crime may be suspended without pay for as long as the criminal charges remain pending...

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