Levine v. New York City Transit Authority

Full title: EDWARD M. LEVINE, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al.…

Court: Court of Appeals of the State of New York

Date published: Feb 7, 1980

402 N.E.2d 1172 (N.Y. 1980)

402 N.E.2d 1172

426 N.Y.S.2d 271

Opinion

Argued January 8, 1980

Decided February 7, 1980

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, IRVING RADER, J.

Kenneth Howard Schiffrin, Helen R. Cassidy and John A. Murray for appellants.

Lewis R. Friedman, Richard M. Asche, Jack T. Litman and Herman Kaufman for respondent.

Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 70 A.D.2d 900), and the question certified answered in the affirmative. If section 75 of the Civil Service Law is to function as the Transit Authority suggests, it is the Legislature rather than this court which must so provide.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.