Matter of Kuczka v. Clark

Full title: In the Matter of KENNETH A. KUCZKA, Appellant, v. JOHN V. CLARK, as…

Court: Court of Appeals of the State of New York

Date published: Dec 14, 1982

445 N.E.2d 204 (N.Y. 1982)

445 N.E.2d 204

459 N.Y.S.2d 28

Opinion

Argued November 12, 1982

Decided December 14, 1982

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, VINCENT E. DOYLE, JR., J.

Barbara R. Heck James for appellant.

Eugene F. Pigott, Jr., County Attorney ( Justyn E. Miller of counsel), for respondent.

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 86 A.D.2d 980). Nor do we find any basis to disturb the determination implicit in the disposition in that court that appellant's allegations of delay on the part of respondent commissioner in establishing the civil service list do not provide equitable grounds for the relief that he seeks.

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