Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MATTER JAMES BURBRIDGE v. JOSEPH MIELE (04/17/95)

decided: April 17, 1995.

IN THE MATTER OF JAMES BURBRIDGE, ET AL., APPELLANTS,
v.
JOSEPH MIELE, ETC., ET AL., RESPONDENTS.



Guy James Mangano, P.j., Lawrence J. Bracken, VINCENT R. Balletta, Jr., Cornelius J. O'brien, JJ.

DECISION & ORDER

In a hybrid proceeding pursuant to CPLR article 78 and an action, inter alia, for a judgment declaring that the petitioners are entitled to appointment to the rank of detective in the Town of Ramapo Police Department pursuant to Civil Service Law § 58(4)(c), the petitioners appeal from a judgment of the Supreme Court, Rockland County (Scarpino, J.), entered January 5, 1994, which dismissed the matter.

Ordered that the judgment is modified, on the law, by adding thereto a provision declaring that the petitioners are not entitled to appointment to the rank of detective pursuant to Civil Service Law § 58(4)(c); as so modified, the judgment is affirmed, with costs to the respondents.

The petitioner police officers in the Town of Ramapo contend that they are entitled to appointment as detectives pursuant to Civil Service Law § 58(4)(c) as they performed detective duties for a period in excess of 18 months. Although the parties did not raise the issue of the constitutionality of Civil Service Law § 58(4)(c), in view of the decision of the Court of Appeals in Matter of Wood v Irving ( N.Y.2d [Feb. 23, 1995]), the petitioners' claim must be rejected. In that case, the court held that Civil Service Law § 58(4)(c) violates the prerequisite of NY Constitution article V, § 6 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.