Greenwald v. Codd

Appellate Division of the Supreme Court of New York

Greenwald v. Codd

54 A.D.2d 626, 387 N.Y.S.2d 433, 1976 N.Y. App. Div. LEXIS 14110

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

DecidedOctober 7, 1976

StatusPublished

Cited by2 cases

This text of 54 A.D.2d 626 (Greenwald v. Codd) 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

Greenwald v. Codd, 54 A.D.2d 626, 387 N.Y.S.2d 433, 1976 N.Y. App. Div. LEXIS 14110 (N.Y. Ct. App. 1976).

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Opinion

Judgment, Supreme Court, New York County, entered December 31, 1975, dismissing petition under CPLR article 78, unanimously affirmed, without costs and without disbursements. Regardless of the question of the status of the hearing officer under the Administrative Code, it was clearly stipulated by petitioners-appellants at the opening of their [627]*627departmental trial that the captain assigned as hearing officer, in effect, possessed all the authority usually exercised by the deputy commissioner for trials. His recommendation and the findings basic thereto were thereafter reviewed in course by a deputy commissioner and the commissioner. In the circumstances, petitioners, having charted their own course, cannot now be heard to complain. (See Stevenson v News Syndicate Co., 302 NY 81, 87; cf. Davidsburgh v Knickerbocker Life Ins. Co., 90 NY 526.) Concur&emdash;Stevens, P. J., Markewich, Birns, Silverman and Capozzoli, JJ.

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Judgment, Supreme Court, New York County, entered December 31, 1975, dismissing petition under CPLR article 78, unanimously affirmed, without costs and without disbursements. Regardless of the question of the status of the hearing officer under the Administrative Code, it was clearly stipulated by petitioners-appellants at the opening of their [627]*627departmental trial that the captain assigned as hearing officer, in effect, possessed all the authority usually exercised by the deputy commissioner for trials. His recommendation and the findings basic thereto were thereafter reviewed in course by a deputy commissioner and the commissioner. In the circumstances, petitioners, having charted their own course, cannot now be heard to complain. (See Stevenson v News Syndicate Co., 302 NY 81, 87; cf. Davidsburgh v Knickerbocker Life Ins. Co., 90 NY 526.) Concur&emdash;Stevens, P. J., Markewich, Birns, Silverman and Capozzoli, JJ.

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Bluebook (online)

54 A.D.2d 626, 387 N.Y.S.2d 433, 1976 N.Y. App. Div. LEXIS 14110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenwald-v-codd-nyappdiv-1976.

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