Haber v. Qualicap Community Corp.

Appellate Division of the Supreme Court of New York

Haber v. Qualicap Community Corp.

52 A.D.2d 807, 383 N.Y.S.2d 336, 1976 N.Y. App. Div. LEXIS 12609

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

DecidedMay 18, 1976

StatusPublished

This text of 52 A.D.2d 807 (Haber v. Qualicap Community Corp.) 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

Haber v. Qualicap Community Corp., 52 A.D.2d 807, 383 N.Y.S.2d 336, 1976 N.Y. App. Div. LEXIS 12609 (N.Y. Ct. App. 1976).

Pincite

Opinion

Judgment, Supreme Court, New York County, entered in this article 78 proceeding on January 9, 1976, granting petitioner’s application for reinstatement to his position as fiscal officer of respondent, Qualicap Community Corp., and related relief, unanimously reversed, on the law and vacated and the petition dismissed, without costs and without disbursements. Petitioner, whose employment was terminable at will, failed to establish that he had been certified by a certified independent accounting or management firm designated by the Council Against Poverty, as required by the latter’s guidelines. Nor did he demonstrate that the withholding of such certification was wrongful or improperly motivated. In addition, he failed to avail himself of available administrative procedures [808]*808and, further, his petition for judicial review is time-barred. (CPLR 217.) Concur—Markewich, J. P., Lupiano, Birns and Capozzoli, JJ.; Kupferman, J. concurs in the result only.

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Judgment, Supreme Court, New York County, entered in this article 78 proceeding on January 9, 1976, granting petitioner’s application for reinstatement to his position as fiscal officer of respondent, Qualicap Community Corp., and related relief, unanimously reversed, on the law and vacated and the petition dismissed, without costs and without disbursements. Petitioner, whose employment was terminable at will, failed to establish that he had been certified by a certified independent accounting or management firm designated by the Council Against Poverty, as required by the latter’s guidelines. Nor did he demonstrate that the withholding of such certification was wrongful or improperly motivated. In addition, he failed to avail himself of available administrative procedures [808]*808and, further, his petition for judicial review is time-barred. (CPLR 217.) Concur—Markewich, J. P., Lupiano, Birns and Capozzoli, JJ.; Kupferman, J. concurs in the result only.

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Bluebook (online)

52 A.D.2d 807, 383 N.Y.S.2d 336, 1976 N.Y. App. Div. LEXIS 12609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haber-v-qualicap-community-corp-nyappdiv-1976.