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MATTER OF FRANCHINA v. CODD

46 N.Y.2d 816 (1978)

In the Matter of Joseph B. Franchina, Respondent, v. Michael J. Codd, as Police Commissioner of the Police Department of the City of New York, et al., Appellants. In the Matter of Leon Moore, Respondent, v. Alphonse D'Ambrose, as City Personnel Director and as Chairman of the City Civil Service Commission, et al., Appellants. In the Matter of Vyto Atkatsh, Respondent, v. Michael J. Codd, as Police Commissioner of the City of New York, et al., Appellants. In the Matter of James J. McCabe, Respondent, v. Michael J. Codd, as Police Commissioner of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Paul T. Rephen and L. Kevin Sheridan of counsel), for appellants.

Jonathon D. Warner for respondents in the first, second and fourth above-entitled proceedings.

Richard D. Dienst for respondent in the third above-entitled proceeding.

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

In each case: 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 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 Rules and Regulations of the New York City Civil Service Commission (57 A.D.2d 394, 400-405). Question certified answered in...

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