Catalano v. Frank

Appellate Division of the Supreme Court of New York

Catalano v. Frank

40 A.D.2d 993, 338 N.Y.S.2d 581, 1972 N.Y. App. Div. LEXIS 3144

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

DecidedDecember 11, 1972

StatusPublished

This text of 40 A.D.2d 993 (Catalano v. Frank) 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

Catalano v. Frank, 40 A.D.2d 993, 338 N.Y.S.2d 581, 1972 N.Y. App. Div. LEXIS 3144 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a proceeding pursuant to article 78 of the CPLR (1) to set aside petitioner’s resignation from a civil service eligible list for the position of patrolman in the employ of Nassau County and (2) to recertify and reinstate petitioner to the list, the appeal is from a judgment of the Supreme Court, Nassau County, dated May 10, 1972, which granted the petition. Judgment reversed, on the law, without costs, and proceeding remitted to the Special Term for a hearing and a new determination. In our opinion there is a question of fact as to whether petitioner was coerced into executing the form declining appointment to the Nassau County Police Department. A hearing should be held on this factual issue. (Cf. Matter of Cacchioli v. Hoberman, 31 N Y 2d 784.) Martuscello, Acting P. J., Latham, Shapiro, Christ and Benjamin, JJ., concur.

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In a proceeding pursuant to article 78 of the CPLR (1) to set aside petitioner’s resignation from a civil service eligible list for the position of patrolman in the employ of Nassau County and (2) to recertify and reinstate petitioner to the list, the appeal is from a judgment of the Supreme Court, Nassau County, dated May 10, 1972, which granted the petition. Judgment reversed, on the law, without costs, and proceeding remitted to the Special Term for a hearing and a new determination. In our opinion there is a question of fact as to whether petitioner was coerced into executing the form declining appointment to the Nassau County Police Department. A hearing should be held on this factual issue. (Cf. Matter of Cacchioli v. Hoberman, 31 N Y 2d 784.) Martuscello, Acting P. J., Latham, Shapiro, Christ and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 993, 338 N.Y.S.2d 581, 1972 N.Y. App. Div. LEXIS 3144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catalano-v-frank-nyappdiv-1972.