New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

Tag Archives: article

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

Two Separate Article 78 Petitions Filed to Overturn a Special-Use-Permit Ruling in Russia, NY

Posted in Article 78, Civil Service, Civil Service Discipline
Both parties have started separate legal proceedings to have the Town Land Use Board of Appeal decision thrown out. The Land Use Board of Appeals determined which ruled that the “addition of an asphalt batch plant to a nonconforming quarry is an expansion of mining and requires a special use permit from the Planning Board… Continue Reading

3020-a Morrell v. DOE

Posted in 3020a, Civil Service
In the Matter of Renee Morrell v. New York City Department of Education   Pursuant to CPLR 7511 and Education Law § 3020-A, Petitioner sought to vacate the findings and recommendations made by a hearing officer regarding her employment as a tenured teacher. The hearing officer found Petitioner guilty of disciplinary charges that were filed… Continue Reading

Correction Officer Receives 60 Days Suspension for Excessive Use of Force

Posted in Article 78, Civil Service, Civil Service Discipline, Employment Law
In the Matter of Department of Correction v Stanley Saint-Phard In this disciplinary proceeding, pursuant to Article 75 of the Civil Service Law, Respondent, a Correction Officer, allegedly used impermissible force against an inmate by dispersing a chemical agent in the inmate’s face and also placed the inmate in a chokehold. On October 16, 2008,… Continue Reading

Petition Annulled Due to Illegal Stop

Posted in Article 78
  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… Continue Reading

NYPD Prior Probationary Service Counts Upon Reinstatement

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

Petition Dismissed Due to Administrative Remedies Not Being Exhausted

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

Court Stands Firmly on Decision to Deny Petitioner’s Application for Accidental Disability Retirements Benefits

Posted in Article 78, Civil Service
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… Continue Reading

Court granted petition, reinstating service credits from Comptroller

Posted in Article 78, Civil Service
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… Continue Reading

Syracuse Basketball star may have to resort to Article 78 to get reinstated

Posted in Article 78
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… Continue Reading

Appeal of Southhold Zoning Change Denied

Posted in 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… Continue Reading

Article 75 appeal to challenge decision and suspension granted

Posted in Civil Service, Employment Law
Matter of Smith v. New York City Department of Education This Article 75 case was brought about by Petitioner, Theodore Smith, to challenge the decision and penalty, a one-year suspension without pay. Petitioner was a tenured New York City physical education teacher who had multiple allegations of misconduct, insubordination, incompetence and dereliction. The Arbitrator trying… Continue Reading

Article 78 to review Atlantic Yards project denied

Posted in Article 78
The Brooklyn Bridge Park Legal Defense Fund brought this Article 78 to review whether the Final Environmental Impact Statement (FEIS) prepared the Respondents New York State Urban Development Corporation failed to take into account the potential traffic impacts from the Atlantic Yards Project. The standard of review was whether the detemination was affected by an… Continue Reading