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MATTER OF McCORMACK v. LOWERY

39 N.Y.2d 1024 (1976)

In the Matter of David M. McCormack, Individually and as President of the Uniformed Fire Officers Association, Local 854, International Association of Fire Fighters, AFL-CIO, et al., Respondents, v. Robert O. Lowery, Individually and as Fire Commissioner of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided July 13, 1976.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Nina G. Goldstein, L. Kevin Sheridan and Paula J. Omansky of counsel), for appellant.

Murray A. Gordon and David M. Rabban for David M. McCormack and others, respondents.

Robert A. Kenned, Robert J. Aurigema and William M. Savino for Richard J. Vizzini and others, respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed for the reason that the concurrent two platoon system proposed by the fire commissioner contravenes section 487a-11.0 of the New York City Administrative Code which requires a department-wide "two platoon system". While the reference to a two platoon system might be ambiguous in another context, here it is not. After 50 years of consecutively operating department...

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