Krolick v. Lowery
| Decision Date | 22 January 1970 |
| Citation | 26 N.Y.2d 723,308 N.Y.S.2d 879 |
| Parties | , 257 N.E.2d 56 Application of William KROLICK, Appellant, for a Judgment, etc. v. Robert O. LOWERY, as Fire Commissioner of the Fire Department of the City of New York, et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 32 A.D.2d 317, 302 N.Y.S.2d 109. Edward M. Edenbaum, New York City (Jay Leo Rothschild, New York City, of counsel), for petitioner-appellant.
Two Article 78 proceedings were brought separately by two firemen against the Fire Commissioner of the Fire Department of the City of New York and others to annul a determination of the Commissioner subjecting each of the firemen to a fine and, in one instance, a two-day forfeiture. While factually dissimilar, there were common questions of law in the proceedings. Inherent in the issues was the underlying question whether a directive by union to its members should take precedence over regulations and orders of the Fire Department.
The Appellate Division, Stevens, J., confirmed determinations and dismissed petitions. The Appellate Division held that Fire Department regulation that medical officer of Fire Department may order member to submit blood sample for laboratory analysis when reasonable ground exists for believing member to be intoxicated and that failure to obey such order will call for preferring charges for disobedience was reasonable exercise of Fire Commissioner's power to discipline and manage Fire Department, and that firemen who were suspected of being intoxicated and who on advice of union representative refused to take blood test were not subject to unreasonable search and seizure, were not deprived of life, liberty, or property without due process of law, were not subjected to self-incrimination, and were properly disciplined for failure to submit to blood test. Eager, J., dissented. McGivern, J., dissented in part.
The firemen appealed to the Court of Appeals.
Order affirmed, without costs.
All concur.
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