Police Conference of New York, Inc. v. Municipal Police Training Council

Decision Date09 October 1980
Citation51 N.Y.2d 810,433 N.Y.S.2d 95,412 N.E.2d 1321
Parties, 412 N.E.2d 1321, 25 Empl. Prac. Dec. P 31,748 In the Matter of POLICE CONFERENCE OF NEW YORK, INC. et al., Respondents, v. MUNICIPAL POLICE TRAINING COUNCIL, Appellant.
CourtNew York Court of Appeals Court of Appeals
Robert Abrams, Atty. Gen., (Peter Bienstock, Shirley Adelson Siegel, Barbara E. Levy, Myrna M. Martinez and Arnold D. Fleischer, New York City, of counsel), for appellant.
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 73 A.D.2d 712, 422 N.Y.S.2d 776, should be reversed and the judgment of Special Term reinstated, with costs, on the reasoning of the dissenting memorandum of Mr. Justice Michael E. Sweeney at the Appellate Division, to which we add only that in adopting subdivision j of section 6000.1 (9 NYCRR 6000.1(j)) of its regulations respondent has adopted such regulation as to height "as it deems necessary and proper" and has, therefore, conformed to its obligation under subdivision 2 of section 840 of the Executive Law.

COOKE, C. J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER, JJ., concur.

Order reversed, with costs, and the judgment of Supreme Court, Albany County, reinstated in a memorandum.

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2 cases
  • Scherbyn v. Wayne-Finger Lakes Bd. of Co-op. Educational Services
    • United States
    • New York Court of Appeals Court of Appeals
    • May 9, 1991
    ...Matter of Legal Aid Socy. v. Scheinman, 53 N.Y.2d 12, 439 N.Y.S.2d 882, 422 N.E.2d 542; Matter of Police Conference v. Municipal Police Training Council, 51 N.Y.2d 810, 433 N.Y.S.2d 95, 412 N.E.2d 1321; see also, McLaughlin, Practice Commentaries, McKinney's Cons.Laws of N.Y., Book 7B, CPLR......
  • Rice v. Schuyler County Civil Service Com'n
    • United States
    • New York Supreme Court — Appellate Division
    • May 7, 1992
    ...Training Council, 73 A.D.2d 712, 715, 422 N.Y.S.2d 776 [Sweeney, J.P., dissenting], revd. on dissenting mem. below, 51 N.Y.2d 810, 433 N.Y.S.2d 95, 412 N.E.2d 1321). Although the standards set forth for several other disabilities "permit a reasonable degree of latitude to the professional e......

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