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MATTER OF GROSSMAN v. RANKIN

43 N.Y.2d 493 (1977)

In the Matter of Arthur A. Grossman, Individually and on Behalf of Others, Appellant, and John M. Gerity, Intervenor-Appellant, v. J. Lee Rankin, as Corporation Counsel of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 21, 1977.

Attorney(s) appearing for the Case

Julian A. Jackson for appellant and Arthur A. Grossman, appellant pro se.

John M. Gerity, intervenor-appellant pro se.

W. Bernard Richland, Corporation Counsel (L. Kevin Sheridan and Stanley Buchsbaum of counsel), for respondents.

Judges JASEN, GABRIELLI and JONES concur with Judge COOKE; Judge FUCHSBERG concurs in part and dissents in part and votes to modify in a separate opinion in which Chief Judge BREITEL and Judge WACHTLER concur.

COOKE, J.

This case presents a challenge by attorneys in the competitive class of civil service to the exempt classification of the Assistant Corporation Counsel positions in the Law Department of the City of New York. At the time of the institution of this litigation, 278 attorneys in the Corporation Counsel's Office were in the competitive class and 105 were classified...

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