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MATTER OF HUGHES v. DOHERTY

5 N.Y.3d 100 (2005)

833 N.E.2d 228

800 N.Y.S.2d 85

In the Matter of JAMES HUGHES et al., on Behalf of Themselves and All Other Similarly Situated Members of the INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 14-14B and LOCAL 15, 15A, 15C, 15D, AFL-CIO, Respondents, et al., Intervenors, v. JOHN J. DOHERTY, as Commissioner of the New York City Department of Sanitation, Appellant.

Court of Appeals of the State of New York.

Decided June 16, 2005.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Dona B. Morris, Francis F. Caputo and Blanche Greenfield of counsel), for appellant.

Brady McGuire & Steinberg, P.C., Hastings-on-Hudson (James M. Steinberg of counsel), for respondents.

Before: Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

CIPARICK, J.

The sole issue before this Court is whether the New York City Department of Sanitation (DOS) acted irrationally in determining that the title "oiler" is not in the direct line of promotion to the job titles "crane operator" and "tractor operator" when it refused to allow laid-off DOS crane and tractor operators to replace provisional oilers. We conclude that DOS, through the...

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