Summary
affirming for the reasons stated by the Appellate Division
Summary of this case from Dist. Council v. New York City Dep't of ParksOpinion
Submitted February 11, 1980
Decided March 25, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES F. NIEHOFF, J.
David N. Hilgendorff, Corporation Counsel (Paula E. Kennedy of counsel), for appellants.
Bernard Freemont for respondent.
MEMORANDUM.
The judgment appealed from and the order of the Appellate Division brought up for our review should be affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 65 A.D.2d 815), to which we add only that relinquishment of rights conferred by section 81 of the Civil Service Law may result, on a sufficient demonstration, from an abandonment without the necessity of a written resignation. On this record, however, we agree with the court below that petitioner did not abandon his statutory rights.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum.