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CITY OF NY v. CIV SERV COMM

60 N.Y.2d 436 (1983)

In the Matter of the City of New York et al., Appellants, v. City Civil Service Commission et al., Respondents. In the Matter of the Department of Personnel of the City of New York et al., Appellants, v. City Civil Service Commission et al., Respondents. In the Matter of the City of New York et al., Appellants, v. City Civil Service Commission et al., Respondents.

Court of Appeals of the State of New York.

Decided December 1, 1983.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Paul T. Rephen and Leonard Koerner of counsel), for appellants in the first, second and third above-entitled proceedings.

Raymond E. Kerno and Richard Hartman for respondents in the first and second above-entitled proceedings.

Michael Washor for Warren Van den Houten, respondent in the third above-entitled proceeding, precluded.

Kenneth J. Knuckles for City Civil Service Commission, respondent in the third above-entitled proceeding, precluded.

Judges JASEN, JONES, WACHTLER and MEYER concur with Judge KAYE; Judge SIMONS concurs in result in a memorandum; Chief Judge COOKE dissents and votes to affirm in a separate opinion.

KAYE, J.

On March 24, 1970, respondent police officers, as Armed Forces reservists, were summoned to active duty to help maintain mail service during a postal workers' strike, but released a few hours later because of their essential civilian occupations. Based solely on that service, they claimed veterans' preference credits, which would place them ahead of other officers who achieved higher scores on police...

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