53 Misc. 2d 337 - Geary v. Phillips’s Empirical Analysis

Citation profile

2 federal appellate · 10 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The thrust of plaintiffs’ argument appears to be that Section 4 of the challenged Local Law purports to provide for the removal of police officers of the Village in contravention of the Laws or Statutes of New York of general application which prevent such removals except for incompetency or misconduct, that is to say, that Local Law No. 3 in effect ‘removes’ plaintiffs from their Civil Service positions without a disciplinary hearing or trial, in violation of Section 891, of the Unconsolidated Laws. We are unable to agree with plaintiffs’ contention. The language of Section 4 of Local Law No. 3 speaks unequivocally of termination of employment at age 62, and not of ‘removal’ from office. The whole act is concerned with retirement for age of police officers from service, at a certain age determined by the Board of Trustees in the public interest of the Village, and not with their removal for incompetency or misconduct. ‘Retirement’ does not constitute ‘removal’ within the meaning of Section 891 of the Unconsolidated Laws . . .” Geary, et al. v. The Trustees of The Village of Mamaroneck, 53 Misc.2d 337 , 278 N.Y.S.2d 506, 509 .”

   1 later decision quote this exact passage
   e.g. Fox v. City of Columbia