A police officer must first file an appeal with the NYC Civil Service Commission before filing an Article 78 under the doctrine of “exhaustion of remedies.”
A hiring agency may disqualify a candidate up to three years after hiring the candidate. The three year limit does not apply if fraud was used in the application
Petitioner retired while 3020a disciplinary charges were pending against him. The Appe
llate Division Second Department held that the teacher was presumed to have known the Chancellor’s rule that you cannot have your license reinstated if you resign with 3020a charges pending.
Read about this Article 78 3020a case here.
After charges were filed and a hearing held before a hearing officer Petitioner filed an Article 78 suit claiming his privilege against self incrimination had been violated.
The Appellate Division, Second Department wrote: “The privilege against self-incrimination was not a bar to the disciplinary charges because the petitioner was not required to waive his immunity
Plaintiff claimed improper termination from respondent County and alleged protection under civil service law section 75 – be the public sector whistleblower law.
Plaintiff failed to file a notice of claim as required by County law section 52 and defendants motion to dismiss this improper termination case was granted. New York State general municipal
The question presented in this Article 78 appeal:
Would a teacher be able to apply time served on very different license to calculate whether they are beyond probationary status?
In this article 78 case of which sought to annul petitioners probationary termination petitioner claimed the service under a different license would win added to
One of the issues that arises in eligible list controversies is when an eligible is not reached on a list. This happens frequently in my practice that candidates call and tell me they passed an exam but either their score was not high enough to have a reasonable chance of having their list number reached
Petitioner is this Article 78 proceeding had been issued Notices of Violation (NOV) for failing to obtain a work permit and failing to correct violaitons. Petitioner was represented by an attorney at the first hearing and requested an adjouned and this request was granted. Petitioner and his attorney were informed that the next hearing date
The New York State Court of Appeals held that a probationary teacher who sues for back pay in an Article 78 would have had to have filed a Notice of Claim within 90 after the claim arose.
The Court affirmed the Appellate Division, Second Department decision in that when back pay was requested a Notice
So I frequently get asked the question:
Are there are options when you are terminated following administrative hearing?
The answer is yes. There is a section in the New York State Civil Practice Law and Rules known as Article 78 which allows you to file a Notice of Petition and Petition in the Supreme Court