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MATTER OF MONTELLA v. BRATTON

93 N.Y.2d 424 (1999)

713 N.E.2d 406

691 N.Y.S.2d 372

In the Matter of PETER MONTELLA, Respondent, v. WILLIAM J. BRATTON, as Commissioner of Police of the City of New York, et al., Appellants. In the Matter of HOWARD SAFIR, as Commissioner of Police of the City of New York, Appellant, v. NEW YORK CITY CIVIL SERVICE COMMISSION et al., Respondents.

Court of Appeals of the State of New York.

Decided June 8, 1999.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Stuart D. Smith and Barry P. Schwartz of counsel), for appellants.

Haydon Straci & Cooper, New York City (Thomas Rubertone, Jr., of counsel), for Peter Montella, respondent.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

Chief Judge KAYE.

The consolidated CPLR article 78 proceedings before us present an open question: does the New York City Civil Service Commission have jurisdiction to hear and decide appeals by uniformed police officers disciplined pursuant to section 14-115 of the Administrative Code of the City of New York? Because the Civil Service Law explicitly limits the Commission's jurisdiction...

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