McInerney v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

McInerney v. New York City Transit Authority

39 A.D.2d 551, 332 N.Y.S.2d 604, 1972 N.Y. App. Div. LEXIS 4984

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

DecidedApril 10, 1972

StatusPublished

This text of 39 A.D.2d 551 (McInerney v. New York City Transit Authority) 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

McInerney v. New York City Transit Authority, 39 A.D.2d 551, 332 N.Y.S.2d 604, 1972 N.Y. App. Div. LEXIS 4984 (N.Y. Ct. App. 1972).

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Opinion

In an article 78 proceeding to review a determination of the New York Transit Authority, the respondents appeal from a judgment of the Supreme Court, Kings County, dated July 12, 1971, which annulled the determination and directed that petitioner be reinstated to his former position as a New York City Transit Patrolman subject to a medical examination and a finding of fitness for the position. Judgment modified on the law by adding the following decretal provision “Ordered, Adjudged and Directed, that the petition be and the same hereby is dismissed as to the respondent Department of Personnel, Civil Service Commission of the City of New York.” As so modified, judgment affirmed upon the opinion of Mr. Justice Mollen at Special Term, with costs to petitioner. The petition does not seek review of a determination made by the Civil Service Commission and therefore fails to state a cause of action as to it (CPLR 7802, subd. [a]). Hopkins, Acting P. J., Martuseello, Christ, Brennan and Benjamin, JJ., concur. [69 Misc 2d 615.]

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In an article 78 proceeding to review a determination of the New York Transit Authority, the respondents appeal from a judgment of the Supreme Court, Kings County, dated July 12, 1971, which annulled the determination and directed that petitioner be reinstated to his former position as a New York City Transit Patrolman subject to a medical examination and a finding of fitness for the position. Judgment modified on the law by adding the following decretal provision “Ordered, Adjudged and Directed, that the petition be and the same hereby is dismissed as to the respondent Department of Personnel, Civil Service Commission of the City of New York.” As so modified, judgment affirmed upon the opinion of Mr. Justice Mollen at Special Term, with costs to petitioner. The petition does not seek review of a determination made by the Civil Service Commission and therefore fails to state a cause of action as to it (CPLR 7802, subd. [a]). Hopkins, Acting P. J., Martuseello, Christ, Brennan and Benjamin, JJ., concur. [69 Misc 2d 615.]

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Bluebook (online)

39 A.D.2d 551, 332 N.Y.S.2d 604, 1972 N.Y. App. Div. LEXIS 4984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcinerney-v-new-york-city-transit-authority-nyappdiv-1972.

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