A New York City High School teacher resigned in 2008 for personal reasons. He was brought back as a probationary assistant principal. While assistant principal he was charged for two incidents of misconduct. He was given a "U" rating and terminated while on probation. He filed an Article 78 which was denied and his
Article 78
Article 78 versus ECB granted
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…
One Year Driver’s License suspension affirmed
NYS DMV, Article 78, NYS driver’s license suspension…
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Termination of Tenancy Proper when Income is not properly Reported
NYC HPD moved to terminate the tenancy benefits of petitioner, Perrett when it was found that Petitioner’s daughter’s $30,000 income was not reported to the subsidizing authority. The court found that termination of the tenancy was no so disproportionate to the offense in light of all the circumstances as to be shocking to once …
Article 78 appealing SLA license cancellation denied
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 …
Excessive Fines draw Article 78 suit
“NYC violations” “ECB summonses”…
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Student’s dismissal for plagarism is upheld
“article 78” “student expelled” “student discipline”…
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Article 78. Future Fire Fighhter reinstated to eligibility list (Jeffrey Tamsen v Olivia A. Licata, Director. City of Buffalo)
A future fire fighter filed an Article 78, due to arbitrary and capricious reasoning for being kicked off the eligibility list. He won!
Continue Reading Article 78. Future Fire Fighhter reinstated to eligibility list (Jeffrey Tamsen v Olivia A. Licata, Director. City of Buffalo)
Probationary NYPD Officer Termination Upheld in Article 78 case
NYPD police officer terminated. He believed it was unjust and filed an Article 78 against Raymond W. Kelly, Police Commisioner of the City of New York.
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The Court Found That the DOE Acted Rationally Putting a Permanent City Laborer Fit to Perform on Reinstatement List
The Court Found That the DOE Acted Rationally Putting a Permanent City Laborer Fit to Perform on Reinstatement List…
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