Shanley v. Leonard

Appellate Division of the Supreme Court of New York

Shanley v. Leonard

57 A.D.2d 930, 395 N.Y.S.2d 37, 1977 N.Y. App. Div. LEXIS 12184

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

DecidedMay 23, 1977

StatusPublished

This text of 57 A.D.2d 930 (Shanley v. Leonard) 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

Shanley v. Leonard, 57 A.D.2d 930, 395 N.Y.S.2d 37, 1977 N.Y. App. Div. LEXIS 12184 (N.Y. Ct. App. 1977).

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Opinion

In a proceeding pursuant to CPLR article 78 to (1) annul respondent’s practice of extending additional credit for service rating awards for police promotional examinations and (2) have such practice declared to be arbitrary, capricious, discriminatory and an abuse of discretion, petitioner appeals from a judgment of the Supreme Court, Nassau County, dated August 12, 1976, which dismissed the petition. Judgment modified, on the law, by deleting therefrom the words "dismissing the petition” and substituting therefor provisions (1) declaring that the practice of the Nassau County Civil Service Commission of extending additional credit for service rating awards for police promotional examinations is not arbitrary, capricious, discriminatory, or an abuse of discretion and (2) otherwise dismissing [931]*931the proceeding. As so modified, judgment affirmed, with $50 costs and disbursements to respondent. We agree with the result and the reasoning set forth in the opinion of Mr. Justice McCaffrey at Special Term, but note that a declaration as to the rights of the parties should have been made. Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur. [87 Mise 2d .915.]

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In a proceeding pursuant to CPLR article 78 to (1) annul respondent’s practice of extending additional credit for service rating awards for police promotional examinations and (2) have such practice declared to be arbitrary, capricious, discriminatory and an abuse of discretion, petitioner appeals from a judgment of the Supreme Court, Nassau County, dated August 12, 1976, which dismissed the petition. Judgment modified, on the law, by deleting therefrom the words "dismissing the petition” and substituting therefor provisions (1) declaring that the practice of the Nassau County Civil Service Commission of extending additional credit for service rating awards for police promotional examinations is not arbitrary, capricious, discriminatory, or an abuse of discretion and (2) otherwise dismissing [931]*931the proceeding. As so modified, judgment affirmed, with $50 costs and disbursements to respondent. We agree with the result and the reasoning set forth in the opinion of Mr. Justice McCaffrey at Special Term, but note that a declaration as to the rights of the parties should have been made. Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur. [87 Mise 2d .915.]

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Bluebook (online)

57 A.D.2d 930, 395 N.Y.S.2d 37, 1977 N.Y. App. Div. LEXIS 12184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shanley-v-leonard-nyappdiv-1977.