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Under 21 v. City of New York

65 N.Y.2d 344 (1985)

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Under 21 v. City of New York

New York Court of Appeals

65 N.Y.2d 344 (1985)

Facts

The city of New York (the city) (defendant) had a mayor and a city council. The mayor was the chief executive officer of the city, and the city council was vested with the legislative power of the city. The mayor issued Executive Order No. 50 (the order), which prohibited employment discrimination by city contractors on the basis of sexual orientation. The order broadened the class of persons protected from employment discrimination. The city council did not adopt the antidiscrimination protection contained in the order. Under 21 (plaintiff), a city contractor, brought suit, contending that the order was beyond the scope of the mayor’s authority. The appellate division found that the mayor had the authority to issue the order. Thus, the appellate division held that the order was valid. Under 21 appealed.

Rule of Law

Issue

Holding and Reasoning (Wachtler, C.J.)

Dissent (Meyer, J.)

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