Varghese v. Diamond

Appellate Division of the Supreme Court of New York

Varghese v. Diamond

309 A.D.2d 676, 765 N.Y.S.2d 867, 2003 N.Y. App. Div. LEXIS 11193

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

DecidedOctober 28, 2003

StatusPublished

This text of 309 A.D.2d 676 (Varghese v. Diamond) 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

Varghese v. Diamond, 309 A.D.2d 676, 765 N.Y.S.2d 867, 2003 N.Y. App. Div. LEXIS 11193 (N.Y. Ct. App. 2003).

Pincite

Opinion

Order, Supreme Court, New York County (Marcy Friedman, J.), entered June 13, 2002, which, in a proceeding to annul a resolution adopted by the New York City Department of Citywide Administrative Services (DCAS) reclassifying and merging six civil service job titles into the title of car inspector, denied the petition of reclassified Transit Authority employees, unanimously affirmed, without costs.

The consolidation of titles, termed “broadbanding,” has received judicial approval (Matter of Kitchings v Jenkins, 85 NY2d 694, 699 [1995]), and the merger of the subject job functions into the title of car inspector received the approval of petitioners’ union. Since the reclassification reflects the need for broader skills and promotes the Transit Authority’s flexibility in the assignment of subway car maintainers, it has a rational basis (see Cove v Sise, 71 NY2d 910, 912 [1988]). Finally, the record establishes that DCAS gave appropriate consideration to the issue of safety by providing for instruction before employees are reassigned to the broader duties of car inspector. Concur — Sullivan, J.P., Rosenberger, Lerner, Friedman and Marlow, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Marcy Friedman, J.), entered June 13, 2002, which, in a proceeding to annul a resolution adopted by the New York City Department of Citywide Administrative Services (DCAS) reclassifying and merging six civil service job titles into the title of car inspector, denied the petition of reclassified Transit Authority employees, unanimously affirmed, without costs.

The consolidation of titles, termed “broadbanding,” has received judicial approval (Matter of Kitchings v Jenkins, 85 NY2d 694, 699 [1995]), and the merger of the subject job functions into the title of car inspector received the approval of petitioners’ union. Since the reclassification reflects the need for broader skills and promotes the Transit Authority’s flexibility in the assignment of subway car maintainers, it has a rational basis (see Cove v Sise, 71 NY2d 910, 912 [1988]). Finally, the record establishes that DCAS gave appropriate consideration to the issue of safety by providing for instruction before employees are reassigned to the broader duties of car inspector. Concur — Sullivan, J.P., Rosenberger, Lerner, Friedman and Marlow, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

309 A.D.2d 676, 765 N.Y.S.2d 867, 2003 N.Y. App. Div. LEXIS 11193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/varghese-v-diamond-nyappdiv-2003.

Opinion

Related

Cite This Page — Counsel Stack