MATTER OF WEIN v. City of New York

New York Court of Appeals

MATTER OF WEIN v. City of New York

437 N.E.2d 275, 56 N.Y.2d 758, 452 N.Y.S.2d 16, 1982 N.Y. LEXIS 3407

CourtNew York Court of Appeals

DecidedMay 13, 1982

StatusPublished

Cited by3 cases

This text of 437 N.E.2d 275 (MATTER OF WEIN v. City of New York) 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.

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MATTER OF WEIN v. City of New York, 437 N.E.2d 275, 56 N.Y.2d 758, 452 N.Y.S.2d 16, 1982 N.Y. LEXIS 3407 (N.Y. 1982).

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Opinion

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), judgment reversed, with costs, and the matter remitted to *760 Supreme Court, New York County, with directions to remand to the Fire Commissioner for imposition of an appropriate sanction under section 487a-12.0 of the Administrative Code of the City of New York. In imposing a penalty authorized by section 75 of the Civil Service Law, but not authorized by section 487a-12.0 of the Administrative Code, the commissioner acted without regard to subdivision 4 of section 76 of the Civil Service Law and, therefore, in excess of his authority.

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

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OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), judgment reversed, with costs, and the matter remitted to *760 Supreme Court, New York County, with directions to remand to the Fire Commissioner for imposition of an appropriate sanction under section 487a-12.0 of the Administrative Code of the City of New York. In imposing a penalty authorized by section 75 of the Civil Service Law, but not authorized by section 487a-12.0 of the Administrative Code, the commissioner acted without regard to subdivision 4 of section 76 of the Civil Service Law and, therefore, in excess of his authority.

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

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437 N.E.2d 275, 56 N.Y.2d 758, 452 N.Y.S.2d 16, 1982 N.Y. LEXIS 3407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-wein-v-city-of-new-york-ny-1982.

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