New York Court of Appeals
Michael Collins v. Manhattan & Bronx Surface…
June 12, 198462 N.Y.2d 361
Summary
The New York Court of Appeals held that the Manhattan & Bronx Surface Transit Operating Authority is not a civil division of the State for purposes of section 6 of article V of the New York Constitution, and therefore the constitutional merit‑based employment requirement does not apply. The Court also dismissed the plaintiffs' estoppel claim, finding that estoppel does not ordinarily require governmental action. The appellate order was reversed and the certified question answered in the negative.