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MATTER OF BRIGGINS v. McGUIRE

67 N.Y.2d 965 (1986)

In the Matter of Charles Briggins, Appellant, v. Robert McGuire, as Police Commissioner of the Police Department of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 6, 1986.

Attorney(s) appearing for the Case

Raymond E. Kerno and Richard Hartman for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Edward F. X. Hart and Larry A. Sonnenshein of counsel), for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and TITONE concur; Judge HANCOCK, JR., dissents and votes to reverse in an opinion in which Judge MEYER concurs.

MEMORANDUM.

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

Constitutionally protected property rights in a public office "are created and their dimensions are defined" by, among other things, State law (Board of Regents v Roth, 408 U.S. 564, 577; Greene v McGuire, 683 F.2d 32, 34). While this State's Civil Service...

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