McDermott v. New York State Office of Mental Health

Appellate Division of the Supreme Court of New York

McDermott v. New York State Office of Mental Health

204 A.D.2d 901, 613 N.Y.S.2d 57, 1994 N.Y. App. Div. LEXIS 5426

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

DecidedMay 19, 1994

StatusPublished

This text of 204 A.D.2d 901 (McDermott v. New York State Office of Mental Health) 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

McDermott v. New York State Office of Mental Health, 204 A.D.2d 901, 613 N.Y.S.2d 57, 1994 N.Y. App. Div. LEXIS 5426 (N.Y. Ct. App. 1994).

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Opinion

Casey, J.

Appeal from a judgment of the Supreme Court (Torraca, J.), entered February 10, 1993 in Albany County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondents which terminated the employment of certain petitioners.

Supreme Court erred in failing to honor respondent Department of Civil Service’s long-standing interpretation of the phrase "same or similar positions” in Civil Service Law § 80 (1) to mean positions with the same title (see, Matter of McDermott v New York State Off. of Mental Health, 195 AD2d [902]*902932, lv denied 82 NY2d 660). Accordingly, we reverse Supreme Court’s judgment and confirm respondents’ determination.

Cardona, P. J., White, Weiss and Peters, JJ., concur. Ordered that the judgment is reversed, on the law, without costs, determination confirmed and petition dismissed.

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Casey, J.

Appeal from a judgment of the Supreme Court (Torraca, J.), entered February 10, 1993 in Albany County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondents which terminated the employment of certain petitioners.

Supreme Court erred in failing to honor respondent Department of Civil Service’s long-standing interpretation of the phrase "same or similar positions” in Civil Service Law § 80 (1) to mean positions with the same title (see, Matter of McDermott v New York State Off. of Mental Health, 195 AD2d [902]*902932, lv denied 82 NY2d 660). Accordingly, we reverse Supreme Court’s judgment and confirm respondents’ determination.

Cardona, P. J., White, Weiss and Peters, JJ., concur. Ordered that the judgment is reversed, on the law, without costs, determination confirmed and petition dismissed.

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Bluebook (online)

204 A.D.2d 901, 613 N.Y.S.2d 57, 1994 N.Y. App. Div. LEXIS 5426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdermott-v-new-york-state-office-of-mental-health-nyappdiv-1994.

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