A future fire fighter filed an Article 78, due to arbitrary and capricious reasoning for being kicked off the eligibility list. He won!
Continue Reading Article 78. Future Fire Fighhter reinstated to eligibility list (Jeffrey Tamsen v Olivia A. Licata, Director. City of Buffalo)
Retirement Benefits Denied Due to Substantial Evidence Presented by New York State
By Kevin Sheerin on
Retirement Benefits Denied Due to Substantial Evidence Presented by New York State
In the Matter of Stephen C. Caruana v. Thomas P. DiNapoli, as Comptroller of the State of New York, et al..
Petitioner, Stephen C. Caruana, sought to review a decision of Respondent which denied his application for accidental disability retirement benefits.
In March…
Performance of Duty Disability Retirement Benefits Application Denied; Petitioner Suffered from Various Risk Factors Before Heart Attack.
By Kevin Sheerin on
In the Matter of Juan C. Rivera v. Thomas P. DiNapoli, as Comptroller of the State of New York, et al.
In this Article 78, Petitioner sought for to review a determination of Respondent which denied Petitioner’s Application for disability retirement benefits.
In 2004, Petitioner Juan C. Rivera, a correction officer, suffered a heart attack…
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…
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…