Wayne v. Vogel

New York Court of Appeals

Wayne v. Vogel

232 N.E.2d 863, 20 N.Y.2d 901, 285 N.Y.S.2d 869, 1967 N.Y. LEXIS 1104

CourtNew York Court of Appeals

DecidedNovember 29, 1967

StatusPublished

Cited by2 cases

This text of 232 N.E.2d 863 (Wayne v. Vogel) 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

Wayne v. Vogel, 232 N.E.2d 863, 20 N.Y.2d 901, 285 N.Y.S.2d 869, 1967 N.Y. LEXIS 1104 (N.Y. 1967).

Pincite

Opinion

Order affirmed, without costs, in the following memorandum: The City Council has the power to enact ordinances which abolish positions, transfer personnel, change duties and reduce salaries provided it acts in good faith and seeks to promote economy and efficiency. We assume it intended to do so in this case. Therefore, as long as the office of Police Surgeon referred to in Ordinance No. 692 which amended section 2-410.21 (subds. [b], [e], and [d]) of the Municipal Code of the City of Long Beach remains vacant, the amendment does not contravene the Civil Service Law of the State of New York. However, petitioner who has attained competitive civil service status and was employed in that position and as City Physician before removal is the person entitled to appointment if the office is ever to be filled. The appointment of another physician to perform such services would place a practical construction on the amendment which might give it an illegal purpose and might produce an illegal result. The order of the Appellate Division should be affirmed.

Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel.

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

Order affirmed, without costs, in the following memorandum: The City Council has the power to enact ordinances which abolish positions, transfer personnel, change duties and reduce salaries provided it acts in good faith and seeks to promote economy and efficiency. We assume it intended to do so in this case. Therefore, as long as the office of Police Surgeon referred to in Ordinance No. 692 which amended section 2-410.21 (subds. [b], [e], and [d]) of the Municipal Code of the City of Long Beach remains vacant, the amendment does not contravene the Civil Service Law of the State of New York. However, petitioner who has attained competitive civil service status and was employed in that position and as City Physician before removal is the person entitled to appointment if the office is ever to be filled. The appointment of another physician to perform such services would place a practical construction on the amendment which might give it an illegal purpose and might produce an illegal result. The order of the Appellate Division should be affirmed.

Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel.

Cite This Page — Counsel Stack

Bluebook (online)

232 N.E.2d 863, 20 N.Y.2d 901, 285 N.Y.S.2d 869, 1967 N.Y. LEXIS 1104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wayne-v-vogel-ny-1967.

Opinion

Related

Cite This Page — Counsel Stack