# City of New York v. City Civil Service Commission

> New York Court of Appeals · December 1, 1983 · 60 N.Y.2d 436

URL: https://www.frixlaw.com/law-library/cases/5535795

## Case

- **Full name:** In the Matter of the City of New York v. City Civil Service Commission, Respondents In the Matter of the Department of Personnel of the City of New York v. City Civil Service Commission, Respondents In the Matter of the City of New York v. City Civil Service Commission
- **Court:** New York Court of Appeals
- **Decided:** December 1, 1983
- **Citations:** 60 N.Y.2d 436; 470 N.Y.S.2d 113; 458 N.E.2d 354; 1983 N.Y. LEXIS 3504
- **Precedential status:** Published
- **Opinion:** Concurrence by Simons
- **Judges:** Cooke, Kaye, Simons
- **Cited by:** 95 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5535795

## How later opinions describe it (automated extraction)

- recognizing that the authority of an agency to bring suit does not require “that in every instance there be express legislative authority”; rather, the capacity to sue may also be inferred as a “necessary implication from [the agency’s] power and responsibility,” provided that…
- holding that a city civil service commission has the inherent authority to seek injunctive or other incidental relief when a city agency violates the merit system law
- holding that the Personnel Director “has both the policymaking authority and functional responsibility for civil service matters in New York City”

## Opinion text

Simons, J.
(concurring). I concur in the result because I
agree with the majority that the city Personnel Director has implied authority to maintain this action and therefore comes within the rule stated in Matter of Flacke v Freshwater Wetlands Appeals Bd. ( 53 NY2d 537, 540 ). In my judgment, however, the rules of standing set forth in Matter of Dairylea Coop. v Walkley ( 38 NY2d 6 ) are inapplicable to intra-governmental disputes (Matter of Pooler v Public Serv. Comm., 58 AD2d 940 , affd 43 NY2d 750 ). Insofar as Matter of Bradford Cent. School Dist. v Ambach ( 56 NY2d 158 ) holds otherwise, that case involved a dispute between a local school board and a State agency, not two units within the same department of local government.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5535795. Public record. Not legal advice.