1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 85 N.Y.2d
  5. 85 N.Y.2d 238 (1995)
 

MATTER OF WOOD v. IRVING

85 N.Y.2d 238 (1995)

647 N.E.2d 1332

623 N.Y.S.2d 824

In the Matter of William C. Wood, Jr., Respondent, v. Roy A. Irving, as Chief of Police of the City of Rochester, et al., Appellants.

Court of Appeals of the State of New York.

Decided February 23, 1995.

Attorney(s) appearing for the Case

Louis N. Kash, Corporation Counsel of Rochester (Linda S. Kingsley and Chad R. Hayden of counsel), for appellants.

Harris Beach & Wilcox, Rochester (Lawrence J. Andolina and Christopher A. DiPasquale of counsel), for respondent.

G. Oliver Koppell, Attorney-General, Albany (Siobhan S. Crary, Jerry Boone and Peter H. Schiff of counsel), in his statutory capacity under Executive Law § 71.

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

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

BELLACOSA, J.

Pursuant to Civil Service Law § 58 (4) (c) (L 1990, ch 29), a police officer, who temporarily served as a detective for more than 18 months, sued and was granted a promotional "appointment" to the rank of detective in the Rochester Police Department. We conclude that the statutory directive on which that judicial ruling rests violates the overriding constitutional prerequisite of article V...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases