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De Marco v. McLaughlin

406 N.E.2d 441, 49 N.Y.2d 941, 428 N.Y.S.2d 624, 1980 N.Y. LEXIS 2291
CourtNew York Court of Appeals
DecidedApril 22, 1980
StatusPublished
Cited by4 cases

This text of 406 N.E.2d 441 (De Marco v. McLaughlin) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
De Marco v. McLaughlin, 406 N.E.2d 441, 49 N.Y.2d 941, 428 N.Y.S.2d 624, 1980 N.Y. LEXIS 2291 (N.Y. 1980).

Opinion

OPINION OF THE COURT

Memorandum.

.The order of the Appellate Division should be affirmed, with costs. The issue presented in petitioner’s article 78 proceeding was one of law on which the dissenting Judge disagreed. The appeal is, therefore, properly before us (CPLR 5601, subd [a], par [i]).

On the merits, there was evidence to support the determination of the courts below that petitioner’s resignation was voluntary and that the refusal of the city manager to reinstate him was not arbitrary or capricious.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

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Bluebook (online)
406 N.E.2d 441, 49 N.Y.2d 941, 428 N.Y.S.2d 624, 1980 N.Y. LEXIS 2291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-marco-v-mclaughlin-ny-1980.