Holder v. Sielaff

Appellate Division of the Supreme Court of New York

Holder v. Sielaff

184 A.D.2d 228

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

DecidedJune 4, 1992

StatusPublished

Cited by3 cases

This text of 184 A.D.2d 228 (Holder v. Sielaff) 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

Holder v. Sielaff, 184 A.D.2d 228 (N.Y. Ct. App. 1992).

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Opinion

Order, Supreme Court, New York County (Herman Cahn, J.), entered April 26, 1991, granting petitioner’s motion for renewal, and, upon renewal, adhering to a prior order of the Supreme Court, New York County (Kenneth Shorter, J.), entered April 11, 1990, which dismissed a CPLR article 78 proceeding seeking to annul respondents’ termination of petitioner’s probationary employment, is unanimously affirmed, without costs.

Petitioner was terminated from his probationary employment without a hearing after he was arrested in New Jersey for possession of a controlled substance and a dangerous weapon, charges that were subsequently dismissed after petitioner had successfully completed a 12 week placement in a diversionary program for first time offenders. We agree with the IAS court that the dismissal of these charges against petitioner does not raise an issue of fact to support petitioner’s claim that he was terminated in bad faith or for a constitutionally impermissible purpose. Concur — Murphy, P. J., Carro, Milonas, Wallach and Smith, JJ.

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Order, Supreme Court, New York County (Herman Cahn, J.), entered April 26, 1991, granting petitioner’s motion for renewal, and, upon renewal, adhering to a prior order of the Supreme Court, New York County (Kenneth Shorter, J.), entered April 11, 1990, which dismissed a CPLR article 78 proceeding seeking to annul respondents’ termination of petitioner’s probationary employment, is unanimously affirmed, without costs.

Petitioner was terminated from his probationary employment without a hearing after he was arrested in New Jersey for possession of a controlled substance and a dangerous weapon, charges that were subsequently dismissed after petitioner had successfully completed a 12 week placement in a diversionary program for first time offenders. We agree with the IAS court that the dismissal of these charges against petitioner does not raise an issue of fact to support petitioner’s claim that he was terminated in bad faith or for a constitutionally impermissible purpose. Concur — Murphy, P. J., Carro, Milonas, Wallach and Smith, JJ.

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Bluebook (online)

184 A.D.2d 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holder-v-sielaff-nyappdiv-1992.

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