New York Court of Appeals
In the Matter of Lawrence Andriola, Respondents v. Juan U. Ortiz, as City Personnel Commissioner, Department…
November 18, 199382 N.Y.2d 320
Summary
The New York Court of Appeals reversed the Appellate Division, holding that retroactive seniority benefits and back pay that effectively mandate retroactive promotion of firefighters violate Civil Service Law § 61’s one‑in‑three rule, and that the petitioners’ equal‑protection claim fails. The court limited the remedy for grading defects to re‑grading and due consideration, not retroactive promotion.