Felix v. New York City Department of Citywide Administrative Services

Appellate Division of the Supreme Court of New York

Felix v. New York City Department of Citywide Administrative Services

309 A.D.2d 626, 766 N.Y.S.2d 41, 2003 N.Y. App. Div. LEXIS 10817

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

DecidedOctober 21, 2003

StatusPublished

This text of 309 A.D.2d 626 (Felix v. New York City Department of Citywide Administrative Services) 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

Felix v. New York City Department of Citywide Administrative Services, 309 A.D.2d 626, 766 N.Y.S.2d 41, 2003 N.Y. App. Div. LEXIS 10817 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered November 15, 2002, which granted the petition brought pursuant to CPLR article 78 to annul respondents’ determination, dated January 28, 2002, dismissing petitioner from his civil service position, and directed petitioner’s reinstatement with back pay, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered October 28, 2002, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The petition was properly granted since respondents unlawfully terminated petitioner, a permanent competitive class civil service employee since 1993, from his position without affording him the hearing to which he was entitled pursuant to Civil Service Law § 75 (see Matter of Tanner v County of Nassau, 88 AD2d 661 [1982]). Concur — Tom, J.P., Saxe, Rosenberger and Marlow, JJ.

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Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered November 15, 2002, which granted the petition brought pursuant to CPLR article 78 to annul respondents’ determination, dated January 28, 2002, dismissing petitioner from his civil service position, and directed petitioner’s reinstatement with back pay, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered October 28, 2002, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The petition was properly granted since respondents unlawfully terminated petitioner, a permanent competitive class civil service employee since 1993, from his position without affording him the hearing to which he was entitled pursuant to Civil Service Law § 75 (see Matter of Tanner v County of Nassau, 88 AD2d 661 [1982]). Concur — Tom, J.P., Saxe, Rosenberger and Marlow, JJ.

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Bluebook (online)

309 A.D.2d 626, 766 N.Y.S.2d 41, 2003 N.Y. App. Div. LEXIS 10817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felix-v-new-york-city-department-of-citywide-administrative-services-nyappdiv-2003.

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