Kerr v. Weisenberg
| Citation | 427 N.Y.S.2d 935,49 N.Y.2d 870 |
| Parties | , 405 N.E.2d 179 In the Matter of Raymond B. KERR, Respondent, v. Harvey WEISENBERG, as President of the City Council of the City of Long Beach, et al., Appellants. |
| Decision Date | 25 March 1980 |
| Court | New York Court of Appeals |
The judgment appealed from and the order of the Appellate Division brought up for our review should be affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division, 65 A.D.2d 815, 410 N.Y.S.2d 351, to which we add only that relinquishment of rights conferred by section 81 of the Civil Service Law may result, on a sufficient demonstration, from an abandonment without the necessity of a written resignation. On this record, however, we agree with the court below that petitioner did not abandon his statutory rights.
Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum.
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5 cases
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Piro v. Bowen
...damage awards granted (cf. Civil Service Law, § 77; Matter of Kerr v. Weisenberg, 65 A.D.2d 815, 410 N.Y.S.2d 351, affd. 49 N.Y.2d 870, 427 N.Y.S.2d 935, 405 N.E.2d 179) would undoubtedly have the effect of throwing into disarray the collective bargaining process and agreements reached ther......
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District Council 37, American Federation of State, County & Municipal Employees, AFL-CIO v. New York City Dept. of Parks and Recreation
...average age was 57. 1983); Kerr v. Weisenberg, 65 A.D.2d 815, 817, 410 N.Y.S.2d 351, 353 (2d Dep't 1978), aff'd, 49 N.Y.2d 870, 427 N.Y.S.2d 935, 405 N.E.2d 179 (1980) (affirming for the reasons stated by the Appellate Division). Once all the temporary employees within a job title had been ......
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Schoonmaker v. Capital Region Bd. of Co-op. Educ. Serv.
...49 A.D.3d 1020, 1021, 853 N.Y.S.2d 227 [2008]; see also Matter of Kerr v. Weisenberg, 65 A.D.2d 815, 816, 410 N.Y.S.2d 351 [1978], affd. 49 N.Y.2d 870, 427 N.Y.S.2d 935, 405 N.E.2d 179 [1980] ), the local civil service rules in Albany County-which includes BOCES employees-define part-time e......
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Lewis v. Cleveland Hill Union Free School Dist.
...(see Civil Service Law, § 81[5]; 4 NYCRR § 5.7; Matter of Kerr v. Weisenberg, 65 A.D.2d 815, 410 N.Y.S.2d 351, affd. 49 N.Y.2d 870, 427 N.Y.S.2d 935, 405 N.E.2d 179; Matter of Bacon v. Huie, 261 App.Div. 692, 27 N.Y.S.2d 122, affd. 287 N.Y. 813, 41 N.E.2d 93). We have rejected that approach......
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