New York Court of Appeals
In the Matter of the City of New York v. City Civil Service Commission, Respondents In the Matter of the Department…
December 1, 198360 N.Y.2d 436
Summary
The New York Court of Appeals held that the City Personnel Director has standing to challenge the City Civil Service Commission’s award of veterans’ preference credits and that the Commission’s decisions must be annulled because the officers’ brief reserve service did not satisfy the statutory requirement of full‑time active‑duty service. The majority reversed the Appellate Division’s orders and granted the City’s article 78 petitions. Chief Judge Cooke dissented, maintaining that the officers were entitled to the credits, while Judge Simons concurred in the result but emphasized the inapplicability of certain standing precedents to intra‑governmental disputes.