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MATTER OF MORRISON v. HOBERMAN

26 N.Y.2d 150 (1970)

In the Matter of George H. Morrison et al., Respondents, and Joseph Mirro et al., on Behalf of Themselves and All Others Similarly Situated, Intervenors-Respondents, v. Solomon Hoberman, as Acting Personnal Director of the City of New York, et al., Appellants, and Thomas A. Maguire, as President of Local Unions 15, 15A, 15B, 15C, 15D, International Union of Operating Engineers, AFL-CIO, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided February 19, 1970.

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Eric J. Byrne and Stanley Buchsbaum of counsel), for appellants.

Robert D. Brady for intervenor-appellant.

Morris Weissberg and Norman Ingber for respondents.

Joan Stern Kiok and Julius Topol for intervenors-respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and GIBSON concur.

JASEN, J.

The issue presented here is whether the New York City Civil Service Commission acted arbitrarily or capriciously in adopting a resolution creating two different classes of Oilers in city employment.

Petitioners-respondents were employed as Oilers in sewage treatment plants of the City of New York, Department of Public Works, until March 10, 1964, when the City Civil Service Commission adopted...

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