1. Brown v. Krone, 47 Misc. 2d 890, 263 N.Y.S.2d 385 (Sup. Ct. 1965), aff’d,25 A.D.2d 954, 271 N.Y.S.2d 600 (1966)

Proceeding to compel restoration of petitioner’s name to police patrolman eligibility list. The Supreme Court, held that it was unreasonable, arbitrary and capricious to base removal of applicant’s name from list on his

Plaintiff claimed improper termination from respondent County and alleged protection under civil service law section 75 – be the public sector whistleblower law.

Plaintiff failed to file a notice of claim as required by County law section 52 and defendants motion to dismiss this improper termination case was granted. New York State general municipal

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

Teacher received an “U” rating due to a number of factors including attendance and lateness for the 2010-2011 school year. She received unsatisfactory ratings in seven categories in her Annual Professinal Performance Review (APPR). Her principal wrote to her stating that improperly prepared paperwork would be considered and unsatisfactory rating.

As was her right the

 The Town of Colonie appointed Cunningham who was not a resident of the town to a two year term as Commissioner of Public Works.  When challenged the Appellate Division, Third Department held that the existing local law did not supercede the State Public Officers Law sect 3 or Town Law sect. 23 which required the