CITY OF NY v. STATE DHR


93 N.Y.2d 768 (1999)

720 N.E.2d 870

698 N.Y.S.2d 594

In the Matter of CITY OF NEW YORK et al., Appellants, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS et al., Respondents.

Court of Appeals of the State of New York.

Decided October 19, 1999.


Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Julian L. Kalkstein and Larry A. Sonnenshein of counsel), for appellants.

Michael K. Swirsky, New York City, and Gina M. Lopez for New York State Division of Human Rights, respondent.

Judges SMITH, LEVINE, WESLEY and ROSENBLATT concur with Judge BELLACOSA; Chief Judge KAYE dissents in part and votes to affirm in a separate opinion; Judge CIPARICK taking no part.


OPINION OF THE COURT

BELLACOSA, J.

This appeal as of right (CPLR 5601 [b] [1]) by the City of New York raises the question whether subdivision (3) of Civil Service Law § 56, added by amendment in 1994, is constitutional. The new subdivision requires municipal employers to create special eligible lists that benefit a particular class of civil service job applicants. The benefitted group includes aspirants...

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