Billups v. Board of Directors of Huntington Community First Aid Squad

Appellate Division of the Supreme Court of New York

Billups v. Board of Directors of Huntington Community First Aid Squad

69 A.D.3d 936, 894 N.Y.2d 479

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

DecidedJanuary 26, 2010

StatusPublished

This text of 69 A.D.3d 936 (Billups v. Board of Directors of Huntington Community First Aid Squad) 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

Billups v. Board of Directors of Huntington Community First Aid Squad, 69 A.D.3d 936, 894 N.Y.2d 479 (N.Y. Ct. App. 2010).

Pincite

Opinion

In the amended petition, the petitioner, in effect, admitted that on May 9, 2007, he violated a prior oral directive given to him by First Deputy Chief Orr of the Huntington Community First Aid Squad (hereinafter the squad) on April 18, 2007, temporarily suspending him from acting as a “crew chief.” As a consequence of the petitioner’s actions on May 9, 2007, the petitioner was charged by letter dated May 18, 2007, inter alia, with insubordination. After a hearing, the respondent made a determination to suspend the petitioner for 60 days and permanently remove him as a “crew chief.” The determination had a rational basis, was neither arbitrary nor capricious, and was not affected by an error of law (see Matter of Scherbyn v Wayne-Finger Lakes Bd. of Coop. Educ. Servs., 77 NY2d 753, 757-758 [1991]; Matter of Gundrum v Ambach, 55 NY2d 872, 873 [1982]). Accordingly, the Supreme Court properly, denied the amended petition and dismissed the proceeding.

The petitioner’s remaining contentions are either without merit or not properly before this Court. Fisher, J.E, Miller, Eng and Hall, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In the amended petition, the petitioner, in effect, admitted that on May 9, 2007, he violated a prior oral directive given to him by First Deputy Chief Orr of the Huntington Community First Aid Squad (hereinafter the squad) on April 18, 2007, temporarily suspending him from acting as a “crew chief.” As a consequence of the petitioner’s actions on May 9, 2007, the petitioner was charged by letter dated May 18, 2007, inter alia, with insubordination. After a hearing, the respondent made a determination to suspend the petitioner for 60 days and permanently remove him as a “crew chief.” The determination had a rational basis, was neither arbitrary nor capricious, and was not affected by an error of law (see Matter of Scherbyn v Wayne-Finger Lakes Bd. of Coop. Educ. Servs., 77 NY2d 753, 757-758 [1991]; Matter of Gundrum v Ambach, 55 NY2d 872, 873 [1982]). Accordingly, the Supreme Court properly, denied the amended petition and dismissed the proceeding.

The petitioner’s remaining contentions are either without merit or not properly before this Court. Fisher, J.E, Miller, Eng and Hall, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

69 A.D.3d 936, 894 N.Y.2d 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/billups-v-board-of-directors-of-huntington-community-first-aid-squad-nyappdiv-2010.

Opinion

Related

Cite This Page — Counsel Stack