NYPD psychological disqualification appeals attorney-Kevin P. Sheerin
In the Matter of Kyle P. McDonell v New York State Department of Motor Vehicles, et al.
In this Article 78 proceeding, petitioner asked the court to review a determination suspending his license for refusal to submit to a chemical test.
McDonell was stopped by a NYS Trooper because he accelerated while turning onto…
In the Matter of Eastern Oaks Development v Town of Clinton, et al.
In this Article 78 case, petitioner, Eastern Oaks Development, asked the court to review a decision of Clinton where petitioner was denied their application to have its road accepted for dedication by the Town of Clinton.
In 2005, petitioner applied with…
NYPD Prior Probationary Service Counts Upon Reinstatement
Ward v Kelly
Petitioner, Michael Ward, sought to annul a decision of the NYPD, to terminate him as a Probationary Police Officer on March 11, 2009.
In July 2006, Petitioner was originally appointed as a probationary police officer. Approximately nineteen months later, Ward resigned from his position in order…
Pitts II v City of New York Office of Comptroller
Pursuant to Article 78, petitioner sought the court to review a decision of the New York City Department of Health and Mental Hygiene (DOHMH) stating that he had violated New York City Health Code.
Petitioner received a violation notice from the DOHMH which cited him…
Matter of Brian A. Herlihy v. Thomas P. DiNapoli, as State Comptroller
In this Article 78 case, the court reviewed a decision of the State Comptroller which denied the petitioner’s application for accidental disability retirement benefits.
In 1995, petitioner started working as a police officer for the Town of Bedford, Westchester County. From 2001 to…
Matter of David A. Hoover v Thomas P. DiNapoli, as Comptroller of the State of New York, et al.
In this Article 78 case, petitioner sought to rescind a determination of Comptroller terminating petitioner’s service credits in New York State and Local Employees’ Retirement System.
Petitioner received service credit from New York State and Local …
Supreme Court Justice Molly R. Fitzgerald has ruled that the Woolerton Street Bridge is the responsibility of the town of Delhi, not the village. This case began with an Article 78 filed by the village against the town. Article 78 in this case was used to compel the town to do what they are supposed to do…
Eric Devendorf, a star shooting guard for the Syracuse University Orangemen basketball team may have to file an Article 78 petition to get a one semester suspension overturned. Devendorf was found to have violated the Syracuse University Student Code when he hit a female student after a traffic incident. Members of the basketball team were…
Disorderly premises decision following charges brought by NY State Liquor Authority sent back to SLA for reconsideration of penalty.
Continue Reading State Liquor Authority decision modified following Article 78
Zupa v. Zoning Board of Appeals of Town of Southhold Index #29166/06 Appellate Division, Second Department
Zupa appealed Southold’s interpretation of the Town Code sect 280-121(A) that the proposed realignment of the dock/marina would not be a change that would render inapplicable the provisions concerning non-conforming uses. The Court held that the Town Board decision…
