New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

Category Archives: Article 78

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Article 78 for teaching license reinstatement denied

Posted in 3020a, Article 78, Civil Service Discipline, Teacher Issues
Petitioner retired while 3020a disciplinary charges were pending against him.  The Appellate 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.… Continue Reading

Privilege against self incrimination not violated at NYS CSL sect 75 hearing

Posted in Article 78, Civil Service Discipline, Uncategorized
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… Continue Reading

Plaintiff Failed to Comply with County Law 52 – Case Dismissed

Posted in Article 78, Civil Service, Civil Service Discipline
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… Continue Reading


Posted in Appeal u rating, Article 78, Civil Service Discipline, Teacher Issues
  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… Continue Reading

Environment Control Board Hearings- Use Caution!

Posted in Article 78, Environmental Control Board
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… Continue Reading

Terminated Probationary teacher seeking back pay in Article 78 must file Notice of Claim in 90 days

Posted in 3020a, Article 78, Civil Service, Civil Service Discipline, Teacher Issues
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… Continue Reading

Can I appeal a decision to terminate by an Administrative Law Judge?

Posted in 3020a, Article 78, Civil Service Discipline, Employment Law, Teacher Issues
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… Continue Reading

Teacher’s U rating reversed because NYC DOE did not follow required procedure

Posted in Appeal u rating, Article 78, Employment Law, Teacher Issues
Petitioner appeal a U rating for the 2010-2011 school year. Judge Hunter upheld the U rating but the Appellate Division, First Department reversed the ruling holding the the BOE, currently DOE did not follow the proper Performance Review Process.  The principal did do an observation of the Petitioner but failed to: file a post observation… Continue Reading

Article 78 Petition by probationary teacher dismissed

Posted in Article 78, Teacher Issues
Petitioner was a probationary teacher with the New York City Department of Education and received a “U” rating. He appealed his “U” or unsatisfactory rating to the Chancllor’s committed and they denied his appeal.  In his Article 78 filing he appealed the composition of the Chancellor’s committee but had failed to preserve his appeal by… Continue Reading

Teacher’s “U” rating reversed after Article 78 lawsuit

Posted in 3020a, Article 78, Civil Service
Teacher received an “U” rating due to a number of factors including attendance and lateness for the 2010-2011 school year. She received unsatisfactory ratings in seven categories in her Annual Professinal Performance Review (APPR). Her principal wrote to her stating that improperly prepared paperwork would be considered and unsatisfactory rating. As was her right the… Continue Reading

Article 78 versus ECB granted

Posted in Article 78
 After an ECB hearing 50 West Realty Company LP was fined $500 for changing its building to a use inconsistent with its 1992 CO.  The company filed an Article 78 to appeal.   An Article 78 filed for a decision after a hearing was held is subject to the standard of "substantial evidence."  That is,… Continue Reading

Article 78 appealing SLA license cancellation denied

Posted in Article 78
 In an article 78 case brought in Kings County New York  Sherwyn Toppin Marketing  Consultants Inc. sued the New York State Liquor Authority (SLA) and requested the Supreme Court reverse the SLA’s  decision canceling their liquor license. Agents from the State Liquor Authority had issued violations to the bar for permitting consumption of alcoholic beverages… Continue Reading