arbitrary and capricious

Mitchell Barandes v New York City Department of Education

Petitioner, Mitchell Barandes, brought about this Article 78 appeal to enjoin the New York City Department of Education from enforcing termination of petitioner, to declare that he had acquired tenure by estoppel, and to order a disciplinary hearing or a name-clearing hearing.

Petitioner’s argument that

Matter of McElligott v Nassau County Civil Service Commission

Petitioner, Maurice McElligott, brought about this Article 78 proceeding to review the determination of the Nassau County Civil Service Commission psychologically disqualifying him from probationary employment as a police officer. The Supreme Court ruled in favor of petitioner, ordering Nassau County Civil Service Commission to produce

Matter of Stanley Jefferson v Raymond Kelly

This Article 78 proceeding was commenced to annul respondents’ decision denying petitioner’s application for accident disability retirement benefits. Petitioner became a uniformed police officer for the NYPD in 1997 and was assigned to work at the World Trade Center site for some period of time following the September

Matter of Falco v. NYC Department of Health and Mental Hygiene

Petitioner, Michael Falco, brought about this Article 78 proceeding to challenge Respondent’s determination not to renew his mobile food unit license due to his vehicle inspection request being one week late. Falco is an honorably discharged military veteran who was permanently disabled while serving

In July 2006, a police officer noticed someone smoking marijuana in a tavern in Brooklyn, Albany Manor. Subsequently, an administrative law judge revoked the bar’s liquor license on the grounds that the bar owner “suffered or permitted” the tavern “to become disorderly”. The tavern then initiated this Article 78 appeal.


Albany Manor argued that

Stephen Russell v New York Citywide Administrative Services

This Article 78 case was brought about by Petitioner, Stephen Russel to challenge his termination and to review a determination of the New York City Transit Authority dated April 13, 1989. The New York City Department of Citywide Administrative Services (DCAS) terminated petitioner’s temporary employment as a

Veronica Rosario v. Metropolitan College of New York

Petitioner, Veronica Rosario, filed a verified complaint charging her former employer, the Metropolitan College of New York, with discrimination on the basis of her disability. She claimed that the College terminated her employment after discovering that she suffered from bi-polar disorder.


Petitioner voluntarily resigned her position