arbitrary and capricious

Matter of the Ridge Road Fire District v Michael P. Schiano, as Hearing Officer

In this Article 78 case, Kevin Nowak applied for benefits after experiencing back pain while operating a vehicle in response to a fire alarm in November 2002. Following this incident, Nowak applied for disability benefits and was denied. He then had

Matter of Flores-Tully v City of New York Department of Housing Preservation and Development

Petitioner brought about this Article 78 appeal to review a determination of the City of New York Department of Housing Preservation and Development denying petitioner’s application for succession rights to an apartment owned by Dayton Tower’s Corporation. The Supreme Court denied

Matter of Kevin Cummins v New York City Department of Education

Petitioner brought about this Article 78 proceeding to appeal his termination by the New York City Department of Education, claiming it was arbitrary and capricious and made in violation of his right to due process.

Petitioner began working for the Department of Education in

Matter of Yasmeen Lugo v The New York City Housing Authority

Petitioner, Yasmeen Lugo, was the sole authorized tenant for her apartment in a New York City Housing Authority (NYCHA) public housing development. According to NYCHA, Petitioner allowed illegal drug transactions to occur in her apartment and was chronically delinquent on her rent payments. These

Matter of Anne Baldwin v Tino Hernandez, as Chairman and Member of the NYC Housing Authority

Petitioner brought about this Article 78 proceeding to review a determination from the New York City Housing Authority that permanently excluded her son from her public housing apartment.

The reasons behind the Housing Authority’s condition that petitioner may continue

Matter of Peter Peltonen v Nicholas Scoppetta, Fire Commissiner of the City of New York, the Fire Department of the City of New York and The City of New York

Petitioner commenced this Article 78 appeal to annul the determination of Respondents terminating Petitioner’s employment as an FDNY fire fighter due to cocaine usage. Commissioner

Chacko v New York City Department of Citywide Administrative Services

In a recent case handled by the Law Offices of Kevin P. Sheerin, Plaintiff Joseph Chacko, commenced this Article 78 appeal to challenge New York City Department of Citywide Administrative Services (DCAS’) determination that he failed a civil service promotional exam. Petitioner contended that

Danny Alcantara v. Zoning Board of Appeals, Village of Ossing, State of New York

Petitioner applied to the Zoning Board of Appeals (ZBA), Village of Ossining, State of New York for an area variance regarding renovation of the commercial portion of the mixed use residential and commercial area. After a hearing, the ZBA denied Petitioner’s application. Petitioner

Daniel P. Wisotsky v Raymond Kelly, as Police Commissioner of the City of New York

Petitioner Daniel Wisotsky filed an Article 78 Petition in order to have the court annul the November 26, 2008 decision of Respondent Raymond Kelly, Commissioner of the New York Police Department to deny Petitioner the insurance of a premises residence

After the medical examiner had deemed the death of his mother a suicide, George Infante file an Article 78. In this Article 78 petition he sought judgment that the medical examiner’s determination was unsupportable or arbitrary and that his mother’s death was unintentional or undetermined. The Supreme Court dismissed the petition because they did not consider the