Levine v. New York City Transit Authority

Decision Date07 February 1980
Citation49 N.Y.2d 747,426 N.Y.S.2d 271
Parties, 402 N.E.2d 1172 In the Matter of Edward M. LEVINE, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.
CourtNew York Court of Appeals Court of Appeals

Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (70 A.D.2d 900, 417 N.Y.S.2d 307), and the question certified answered in the affirmative. If section 75 of the Civil Service Law is to function as the Transit Authority suggests it is the Legislature rather than this Court which must so provide.

All concur.

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6 cases
  • Sinicropi v. Bennett
    • United States
    • New York Supreme Court — Appellate Division
    • March 21, 1983
    ... ... of N.Y. Harbor, 77 A.D.2d 947, 431 N.Y.S.2d 134; Levine v. New York City Tr. Auth., 70 A.D.2d 900, 417 N.Y.S.2d ... to the position and the employer is without any authority to appoint a successor or substitute. Hence, absent ... ...
  • Sanders v. New York City Transit Authority
    • United States
    • New York City Court
    • November 19, 1985
    ...determination of the charges of misconduct. Levine v. NYCTA, 70 A.D.2d 900, 417 N.Y.S.2d 307 (2d Dept., 1979) affd. 49 N.Y.2d 747, 426 N.Y.S.2d 271, 402 N.E.2d 1172 (1980). Such claim can be asserted also in an action at law. Gerber v. NYCHA, 42 N.Y.2d 162, 165, 397 N.Y.S.2d 608, 366 N.E.2d......
  • Conde v. Aiello
    • United States
    • New York Supreme Court — Appellate Division
    • May 27, 1994
    ... ... New York City Housing Auth., 42 N.Y.2d 162, 165, 397 N.Y.S.2d 608, ... by the District Attorney is not relevant (see, Levine v. New York City Tr. Auth., 70 A.D.2d 900, 901, 417 ... ...
  • Meringolo on Behalf of Members of the Correction Captains Ass'n v. Jacobson
    • United States
    • New York Supreme Court
    • June 17, 1997
    ...Law § 75 (See Levine v. New York City Transit Authority, 70 A.D.2d 900, 417 N.Y.S.2d 307 [2d Dept.1979], aff'd 49 N.Y.2d 747, 426 N.Y.S.2d 271, 402 N.E.2d 1172 [1980] The intent of Administrative Code § 9-112 was precisely to circumvent the statute. According to material contained in the Bi......
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