FIREFIGHTERS ASSN v. NY CITY


50 N.Y.2d 85 (1980)

Uniformed Firefighters Association et al., Respondents, and Edward Ostrowski, as President of the Uniformed Sanitationmen's Association, et al., Intervenors-Respondents, v. City of New York et al., Appellants. In the Matter of Samuel De Milia, as President of the Patrolmen's Benevolent Association, Inc., and All Other Police Officers of the City of New York Similarly Situated, Respondent, v. City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided April 29, 1980.


Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (John C. Brennan, James G. Greilsheimer and Joseph F. Bruno of counsel), for appellants in the above-entitled action.

Kenneth E. Gordon, Murray A. Gordon, Henry T. Berger and Edward M. Edenbaum for respondents.

Charles G. Moerdler, Burton N. Lipshie and Curtis C. Mechling for intervenors-respondents.

Michael J. McNulty for appellants in the above-entitled proceeding.

Robert Abrams, Attorney-General (Daniel M. Cohen and Shirley Adelson Siegel of counsel), in his statutory capacity under section 71 of the Executive Law and CPLR 1012 (subd [b]).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in Per Curiam opinion.


Per Curiam.

The order of the Appellate Division should be affirmed, with costs.

New York City may not, through Local Law No. 20 of the Local Laws of 1978 (Administrative Code of City of New York, §§ B49-4.0, B49-4.1, B49-4.2), make a residency requirement for municipal officers and employees applicable to members of its police, fire, correction and sanitation...

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