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MATTER OF SCOTTO v. DINKINS

85 N.Y.2d 209 (1995)

647 N.E.2d 1317

623 N.Y.S.2d 809

In the Matter of Thomas J. Scotto, as President of the Detectives' Endowment Association, et al., Respondents, v. David N. Dinkins, as Mayor of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided February 23, 1995.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Janet L. Zaleon, Barry P. Schwartz and Bruce Rosenbaum of counsel), for appellants.

Vincent D. McDonnell, New York City, and O'Dwyer & Bernstien (Brian O'Dwyer and Gary Silverman of counsel), for respondents.

Donna M. C. Giliberto, Albany, for the New York State Conference of Mayors and Municipal Officials, amicus curiae.

Judges TITONE, SMITH, LEVINE and CIPARICK concur with Judge BELLACOSA; Judge SIMONS dissents in a separate opinion in which Chief Judge KAYE concurs.

BELLACOSA, J.

The purely statutory construction issue in this CPLR article 78 proceeding was resolved by Supreme Court granting the petition. The Appellate Division affirmed and certified to us the question of the propriety of its ruling. The affirmed judgment directed appellants-respondents to comply with the appointment directive of section 14-103 (b) (2) of the Administrative Code of the City of New York ...

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