Golanec v. City of New York

Appellate Division of the Supreme Court of New York

Golanec v. City of New York

255 A.D.2d 103, 678 N.Y.S.2d 895, 1998 N.Y. App. Div. LEXIS 11621

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 5, 1998

StatusPublished

This text of 255 A.D.2d 103 (Golanec v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Golanec v. City of New York, 255 A.D.2d 103, 678 N.Y.S.2d 895, 1998 N.Y. App. Div. LEXIS 11621 (N.Y. Ct. App. 1998).

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Opinion

—Appeal from judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered January 3, 1997, and from an order, same court and Justice, entered on or about April 23, 1997, which, insofar as appealed from, denied that portion of petitioner’s application that sought an order directing respondents to appoint petitioner to the position of New York City police officer, unanimously dismissed as academic, without costs.

Inasmuch as petitioner has been hired by the respondent New York City Police Department as part of the class of candidates sworn in as police officers on July 1, 1998, his appeal must be dismissed. We reject petitioner’s argument that his claim for back pay retroactive to the date he asserts that he should have been hired precludes the dismissal of his appeal, since petitioner did not seek such relief on appeal and sought only to be appointed to the next class of police officers. Concur — Ellerin, J. P., Wallach, Tom, Mazzarelli and Saxe, JJ.

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—Appeal from judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered January 3, 1997, and from an order, same court and Justice, entered on or about April 23, 1997, which, insofar as appealed from, denied that portion of petitioner’s application that sought an order directing respondents to appoint petitioner to the position of New York City police officer, unanimously dismissed as academic, without costs.

Inasmuch as petitioner has been hired by the respondent New York City Police Department as part of the class of candidates sworn in as police officers on July 1, 1998, his appeal must be dismissed. We reject petitioner’s argument that his claim for back pay retroactive to the date he asserts that he should have been hired precludes the dismissal of his appeal, since petitioner did not seek such relief on appeal and sought only to be appointed to the next class of police officers. Concur — Ellerin, J. P., Wallach, Tom, Mazzarelli and Saxe, JJ.

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Bluebook (online)

255 A.D.2d 103, 678 N.Y.S.2d 895, 1998 N.Y. App. Div. LEXIS 11621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/golanec-v-city-of-new-york-nyappdiv-1998.