In the Matter of Lawrence Andriola, Respondents v. Juan U. Ortiz, as City Personnel Commissioner, Department…

Summary

The New York Court of Appeals reversed the Appellate Division, holding that retroactive seniority benefits and back pay for the petitioners and intervenors would violate Civil Service Law § 61’s one‑in‑three rule. The Court also rejected the equal‑protection arguments and disapproved the precedent in Matter of McKernan. A concurrence‑in‑part/dissent‑in‑part by Judge Titone argued that retroactive back‑pay for those already promoted should be allowed.