Rohan v. Bartlett

New York Court of Appeals

Rohan v. Bartlett

404 N.E.2d 1331, 49 N.Y.2d 853, 427 N.Y.S.2d 790, 1980 N.Y. LEXIS 2213

DecidedMarch 20, 1980

StatusPublished

This text of 404 N.E.2d 1331 (Rohan v. Bartlett) 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

Rohan v. Bartlett, 404 N.E.2d 1331, 49 N.Y.2d 853, 427 N.Y.S.2d 790, 1980 N.Y. LEXIS 2213 (N.Y. 1980).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

On February 18, 1977, the Administrative Board approved a resolution (22 NYCRR 20.3 [a]) declaring that, effective April [855]*8551, 1977, no personal assistant could be appointed by an incoming Supreme Court Justice without the prior approval of the Administrative Board. This resolution effectively abolished the position of confidential attendant to any incoming Justice unless that permission was granted by the board. The minutes of the February meeting also show that, effective April 1, 1977, the Administrative Board did approve the continuation in employment of "all existing personal assistants to judges” as of that date. Because the appellant did not hold his position within the meaning of the Administrative Board’s resolution, he had no right to continued employment.

Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum; Chief Judge Cooke taking no part.

Order affirmed.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

On February 18, 1977, the Administrative Board approved a resolution (22 NYCRR 20.3 [a]) declaring that, effective April [855]*8551, 1977, no personal assistant could be appointed by an incoming Supreme Court Justice without the prior approval of the Administrative Board. This resolution effectively abolished the position of confidential attendant to any incoming Justice unless that permission was granted by the board. The minutes of the February meeting also show that, effective April 1, 1977, the Administrative Board did approve the continuation in employment of "all existing personal assistants to judges” as of that date. Because the appellant did not hold his position within the meaning of the Administrative Board’s resolution, he had no right to continued employment.

Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum; Chief Judge Cooke taking no part.

Order affirmed.

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Bluebook (online)

404 N.E.2d 1331, 49 N.Y.2d 853, 427 N.Y.S.2d 790, 1980 N.Y. LEXIS 2213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rohan-v-bartlett-ny-1980.