Detective Endowment Assn Police Dept., City of New York, Inc. v. Leary
| Decision Date | 18 February 1972 |
| Citation | 330 N.Y.S.2d 794,30 N.Y.2d 577 |
| Court | New York Court of Appeals Court of Appeals |
| Parties | , 281 N.E.2d 842 Application of DETECTIVE ENDOWMENT ASSOCIATION POLICE DEPARTMENT, CITY OF NEW YORK, INC., et al., Appellants, for an order, etc., v. Howard R. LEARY, Police Commissioner of the City of New York, Respondent. |
Appeal from Supreme Court, Appellate Division, First Department, 36 A.D.2d 289, 320 N.Y.S.2d 253. Abraham Shalo, New York City, for petitioners-appellants.
J. Lee Rankin, New York City (Stanley Buchsbaum, New York City, Beatrice Rothman, Tuckahoe, of counsel), for respondent-respondent.
Petitioners moved to review New York City Police Commissioner's determination to assign patrolman to perform duties of detectives without appointment and to enjoin him from making such continuous and recurrent designations for extended periods of time. The Supreme Court, New York County, Joseph A. Sarafite, J., entered a judgment granting the motion and the Police Commissioner appealed.
The Appellate Division reversed and dismissed the petition. It held that the New York City Police Commissioner had discretion to assign patrolman to perform duties of detectives for extended periods of time since no promotion or change of grade was involved. The petitioners appealed.
In the Court of Appeals the petitioners claimed that detail of patrolman to the detective division to perform some work, duties and responsibilities of regularly designated detectives constituted an arbitrary assignment and a manifest abuse of discretion and that such assignment is unlawful when being frequent and continuous for long periods of time it hardens into pattern of permanently filling position of detective contrary to statute. The Commissioner contended that the duties performed were not out of title and were within the scope of job specifications and description of duties of position of patrolman for which each petitioner was tested in order to obtain his appointment and that the assignments were not promotional and were within the discretion granted Police Commissioner.
Order affirmed, without costs.
All concur.
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