New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

Tag Archives: Article 78

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

Reinstated Teacher must follow DOE Chancellor’s regulations to retain tenure

Posted in 3020a, Civil Service, Civil Service Discipline, Teacher Issues
Petitioner was a teacher of catering who resigned to take a chef’s position. Petitioner returned to a different school and was given a “U” rating and terminated. Petitioner filed an Article 78 petition without filing a grievance claiming that his termination was arbitrary and capricious, an abuse of discretion and violated his right to have… 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

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

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