MATTER OF MONTELLA v. BRATTON


248 A.D.2d 134 (1998)

670 N.Y.S.2d 10

In the Matter of Peter Montella, Respondent, v. William J. Bratton, as Police Commissioner of The City of New York, et al., Appellants. In the Matter of Howard Safir, Appellant, v. New York City Civil Service Commission et al., Respondents. Clifford Muniz, Respondent, v. Rudolph W. Giuliani, as Mayor of The City of New York, et al., Appellants, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 5, 1998


The common issue presented by these appeals is whether the New York City Civil Service Commission has subject matter jurisdiction to entertain appeals of disciplinary determinations made by the Commissioner of the New York City Police Department and taken by uniformed members of the force. In the first proceeding, the IAS Court ruled that there was such jurisdiction; in the second, that the application to compel the City Civil Service...

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