McCormack v. Lowery

New York Court of Appeals

McCormack v. Lowery

355 N.E.2d 301, 39 N.Y.2d 1024, 387 N.Y.S.2d 247, 1976 N.Y. LEXIS 2956

CourtNew York Court of Appeals

DecidedJuly 13, 1976

StatusPublished

Cited by1 cases

This text of 355 N.E.2d 301 (McCormack v. Lowery) 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

McCormack v. Lowery, 355 N.E.2d 301, 39 N.Y.2d 1024, 387 N.Y.S.2d 247, 1976 N.Y. LEXIS 2956 (N.Y. 1976).

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Opinion

Memorandum. The order of the Appellate Division should be affirmed for the reason that the concurrent two platoon system proposed by the fire commissioner contravenes section 487a-11.0 of the New York City Administrative Code which requires a department-wide "two platoon system”. While the reference tó a two platoon system might be ambiguous in another context, here it is not. After 50 years of consecutively operating department-wide platoons the phrase, "two platoon system”, as codified, must be accorded special meaning consonant with its historically long-standing character. Consequently, we have no alternative but to apply the law as written. The commissioner’s remedy lies not with the courts but with the Legislature.

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

Order affirmed, with costs, in a memorandum.

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Memorandum. The order of the Appellate Division should be affirmed for the reason that the concurrent two platoon system proposed by the fire commissioner contravenes section 487a-11.0 of the New York City Administrative Code which requires a department-wide "two platoon system”. While the reference tó a two platoon system might be ambiguous in another context, here it is not. After 50 years of consecutively operating department-wide platoons the phrase, "two platoon system”, as codified, must be accorded special meaning consonant with its historically long-standing character. Consequently, we have no alternative but to apply the law as written. The commissioner’s remedy lies not with the courts but with the Legislature.

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

Order affirmed, with costs, in a memorandum.

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Bluebook (online)

355 N.E.2d 301, 39 N.Y.2d 1024, 387 N.Y.S.2d 247, 1976 N.Y. LEXIS 2956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccormack-v-lowery-ny-1976.

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