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Kerr v. Weisenberg

405 N.E.2d 179, 49 N.Y.2d 870, 427 N.Y.S.2d 935, 1980 N.Y. LEXIS 2227
CourtNew York Court of Appeals
DecidedMarch 25, 1980
StatusPublished
Cited by5 cases

This text of 405 N.E.2d 179 (Kerr v. Weisenberg) 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
Kerr v. Weisenberg, 405 N.E.2d 179, 49 N.Y.2d 870, 427 N.Y.S.2d 935, 1980 N.Y. LEXIS 2227 (N.Y. 1980).

Opinion

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the order of the Appellate Division brought up for our review should be affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (65 AD2d 815), to which we add only that relinquishment of rights conferred by section 81 of the Civil Service Law may result, on a sufficient demonstration, from an abandonment without the necessity of a written resignation. On this record, however, we agree with the court below that petitioner did not abandon his statutory rights.

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

Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
405 N.E.2d 179, 49 N.Y.2d 870, 427 N.Y.S.2d 935, 1980 N.Y. LEXIS 2227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerr-v-weisenberg-ny-1980.