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

Appellate Division of the Supreme Court of the State of New York·Decided April 10, 1972·Published

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.]

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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39 A.D.2d 551 (McInerney v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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