Chikofsky v. Walsh
| Decision Date | 17 October 1946 |
| Citation | 69 N.E.2d 683,296 N.Y. 642 |
| Parties | Leon A. CHIKOFSKY et al., Appellants, v. Patrick WALSH et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, First Department, 270 App.Div. 928, 62 N.Y.S.2d 822.
Proceedings in the matter of the application of Leon A. Chikofsky and others for an order under article 78 of the Civil Practice Act against Patrick Walsh, Commissioner of the Fire Department of the City of New York, and others. Each of the petitioners was appointed as a probationary fireman in the Fire Department of the City of New York on either December 1 or December 16, 1942, and advanced to fireman second grade on December 1 or December 16, 1944, after completing two years' service in the fire department pursuant to the provisions of Administrative Code, s 487a-7.0. The proceedings sought to have the petitioners' promotion date corrected to September 16, 1944, and to obtain for them the difference in pay between the salary of fireman, second grade, and fireman, third grade, for the period between September 16, 1944, and either December 1 or December 16, 1944.
The petitioners' claim was that they would have been appointed as probationary firemen on September 16, 1942, instead of December 1 or December 16, 1942, if the Fire Commissioner had correctly interpreted the law as subsequently decided by the Court of Appeals. The petitioners urged that accordingly the two years of service necessary for advancement to fireman, second grade, under the Administrative Code should be measured from September 16, 1942.
The defendants contended that under the plain language of the Administrative Code, the petitioners' advancement in grade must be governed by their period of actual service in the department, and they could not have been advanced to fireman, second grade, until the completion of two years of actual service which occurred on either December 1 or December 16, 1944. The defendants also claimed that the Court of Appeals had decided that the petitioners did not have an absolute right to appointment to the fire department on September 16, 1942, but merely a right to be appointed in the discretion of the Fire Commissioner, subject to the Civil Service Law, Consol.Laws, c. 7, and Rules.
From an order of the Appellate Division, 270 App.Div. 928, 62 N.Y.S.2d 822, affirming an order of the Special Term denying the petitioners' application, the petitioners appeal.
Affirmed. John J. Bennett, Corp. C...
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Feimer v. Ward
... ... The court is not empowered to direct the Police Commissioner to make an appointment (Matter of Berger v. Walsh, 291 N.Y. 220, 52 N.E.2d 105; Matter of Chikofsky v. Walsh, 296 N.Y. 642, 69 N.E.2d 683; Matter of Delicati v. Schechter, 3 A.D.2d 19, 157 N.Y.S.2d ... ...
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Abarno v. City of New York
... ... Such passing over was later held to be illegal by the Court of Appeals in the case of Berger v. Walsh, 291 N.Y. 220, 52 N.E.2d 105. Murphy's appointment should have been made not later than February 1, 1943--when the next lower man was appointed and ... In Chikofsky v. Walsh, 296 N.Y. 642, 69 N.E.2d 683, the petitioners had been reached for appointment from the eligible list, but had been passed over by the Fire ... ...