Probationary Teachers 4 months to file Article 78
Continue Reading Court of Appeals: Terminated Probationary Teachers have 4 months to file Article 78
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Two Separate Article 78 Petitions Filed to Overturn a Special-Use-Permit Ruling in Russia, NY
By Kevin Sheerin on
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…
3020-a Morrell v. DOE
By Kevin Sheerin on
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…
Application for Pistol License Denied Due to Criminal History
By Kevin Sheerin on
Posted in Article 78, Criminal Law
Application for Pistol License Denied Due to Criminal History
In the Matter of Ralph Velez, Jr. v Robert M DiBella
Pursuant to Article 78, petitioner appealed a determination by the respondent denying his application for a pistol license.
According to Penal Law § 400.00(1), to be eligible for a pistol license, the applicant must be…
Petition Annulled Due to Illegal Stop
By Kevin Sheerin on
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…
Town’s Article 78 Regarding Road Denial Dismissed
By Kevin Sheerin on
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
By Kevin Sheerin on
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…
Petition Dismissed Due to Administrative Remedies Not Being Exhausted
By Kevin Sheerin on
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…
Court Stands Firmly on Decision to Deny Petitioner’s Application for Accidental Disability Retirements Benefits
By Kevin Sheerin on
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…
Court granted petition, reinstating service credits from Comptroller
By Kevin Sheerin on
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 …