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TURNER v. DEPT. OF FIN.

242 A.D.2d 146 (1998)

673 N.Y.S.2d 428

In the Matter of Carol Turner, Appellant, v. Department of Finance of the City of New York et al., Respondents

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

May 26, 1998

Attorney(s) appearing for the Case

David Arens for appellant.

Edward F.X. Hart of counsel (Paul T. Rephen on the brief; Paul A. Crotty, Corporation Counsel of New York City, attorney), for respondents.

SULLIVAN, J. P., ROSENBERGER, WILLIAMS and TOM, JJ., concur.

NARDELLI, J.

This is a case that pits the principle of literal interpretation of a statute against the intention of the legislative body that enacted the statute. In such a conflict, the intention of the legislators must govern. "[I]t is generally the rule that the literal meaning of the words used must yield when necessary to give effect to the intention of the Legislature. In the interpretation of statutes...

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