Ardito v. Abate

Appellate Division of the Supreme Court of New York

Ardito v. Abate

203 A.D.2d 117, 612 N.Y.S.2d 845

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 14, 1994

StatusPublished

This text of 203 A.D.2d 117 (Ardito v. Abate) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ardito v. Abate, 203 A.D.2d 117, 612 N.Y.S.2d 845 (N.Y. Ct. App. 1994).

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Opinion

—Judgment, Supreme Court, New York County (Edward Lehner, J.), entered on or about March 2, 1993, dismissing the CPLR article 78 petition which sought to annul the agency determination removing petitioner’s name from an eligibility list for promotional purposes with the Department of Correction, unanimously affirmed, without costs.

Since petitioner was aware of his "Category B” designation due to excessive absenteeism since March 26, 1990, which justified his having been passed over for promotion three times by February of 1991, prior to his filing a grievance in June of 1991, there is no merit to his claims of arbitrariness, bad faith or retaliatory action on the part of respondents. (See, Matter of Pell v Board of Educ., 34 NY2d 222.) Concur— Sullivan, J. P., Ellerin, Ross, Asch and Tom, JJ.

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—Judgment, Supreme Court, New York County (Edward Lehner, J.), entered on or about March 2, 1993, dismissing the CPLR article 78 petition which sought to annul the agency determination removing petitioner’s name from an eligibility list for promotional purposes with the Department of Correction, unanimously affirmed, without costs.

Since petitioner was aware of his "Category B” designation due to excessive absenteeism since March 26, 1990, which justified his having been passed over for promotion three times by February of 1991, prior to his filing a grievance in June of 1991, there is no merit to his claims of arbitrariness, bad faith or retaliatory action on the part of respondents. (See, Matter of Pell v Board of Educ., 34 NY2d 222.) Concur— Sullivan, J. P., Ellerin, Ross, Asch and Tom, JJ.

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Bluebook (online)

203 A.D.2d 117, 612 N.Y.S.2d 845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ardito-v-abate-nyappdiv-1994.