Campagnola v. McGuire
| Decision Date | 27 May 1982 |
| Citation | 88 A.D.2d 577,451 N.Y.S.2d 397 |
| Parties | In re Application of Alfonso CAMPAGNOLA, etc., Petitioner-Appellant, v. Robert J. McGUIRE, etc., et al., Respondents-Respondents. |
| Court | New York Supreme Court — Appellate Division |
J. J. Maguire, New York City, for petitioner-appellant.
E. F. X. Hart, New York City, for respondents-respondents.
Before CARRO, J.P., and LUPIANO, SILVERMAN and MILONAS, JJ.
Judgment, Supreme Court, New York County, entered February 24, 1981, which denied petitioner's application for a declaration that the Civil Service Law is invalid, insofar as it disallows credit for the time spent as a police trainee towards seniority as a police officer and granted the respondents' cross-motion to dismiss the petition, unanimously modified, on the law, without costs and without disbursements, to the extent of directing judgment in favor of the respondents declaring the Civil Service Law in the respect above set forth, constitutional and, as so modified, affirmed.
At the time the police trainee program existed, it was impossible to be a member of both groups at the same time. The police trainee program set the maximum age level at twenty-one years. The minimum age for police officer was also twenty-one years. As a police trainee is not a police officer, the time spent as a police trainee may not count towards satisfying the requirements for police service. Where there is neither a suspect classification nor an infringement on a fundamental right, a classification will be sustained as long as there is a rational relationship between the classes established and a legitimate governmental interest which is sought to be achieved. The age limitations and the distinctions based upon those limitations herein were rational. In essence, petitioner is seeking a declaration that the Civil Service Law ( § 54) is invalid, insofar as it disallows credit for the time spent as a police trainee towards seniority as a police officer. Special Term, while properly rejecting petitioner's arguments, did not make a declaration. It was error to dismiss the petition insofar as it sought declaratory relief merely because the petitioner was not entitled to the declaration sought by him (See, Lanza v. Wagner, 11 N.Y.2d 317, 229 N.Y.S.2d 380, 183 N.E.2d 670 ).
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...relationship between the classes established and a legitimate governmental interest which is sought to be achieved" (Campagnola v. McGuire, 88 A.D.2d 577, 451 N.Y.S.2d 397). For the questioned classification to be rational it must be based on factors which justify the discriminatory treatme......
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...between the classes established and a legitimate governmental interest which is sought to be achieved. (See, Campagnola v. McGuire, 88 A.D.2d 577, 451 N.Y.S.2d 397). At bar the entire citizenship of Staten Island is not one which is traditionally deemed to be a suspect class, i.e., based on......