Kopf v. Nulty

Appellate Division of the Supreme Court of New York

Kopf v. Nulty

26 A.D.3d 380, 808 N.Y.S.2d 557

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

DecidedFebruary 14, 2006

StatusPublished

This text of 26 A.D.3d 380 (Kopf v. Nulty) 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

Kopf v. Nulty, 26 A.D.3d 380, 808 N.Y.S.2d 557 (N.Y. Ct. App. 2006).

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Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Town Board of the Town of Orangetown, dated January 26, 2004, promoting the nonparty, Donald Butterworth, to the position of police lieutenant, and to compel the promotion of the petitioner to the position, the petitioner appeals from a judgment of the Supreme Court, Rockland County (Nelson, J.), dated August 4, 2004, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Town Board’s determination to appoint someone other than the petitioner to the position of police lieutenant was not arbitrary and capricious and had a rational basis (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 [1974]). Crane, J.P., Rivera, Fisher and Dillon, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Town Board of the Town of Orangetown, dated January 26, 2004, promoting the nonparty, Donald Butterworth, to the position of police lieutenant, and to compel the promotion of the petitioner to the position, the petitioner appeals from a judgment of the Supreme Court, Rockland County (Nelson, J.), dated August 4, 2004, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Town Board’s determination to appoint someone other than the petitioner to the position of police lieutenant was not arbitrary and capricious and had a rational basis (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 [1974]). Crane, J.P., Rivera, Fisher and Dillon, JJ., concur.

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Bluebook (online)

26 A.D.3d 380, 808 N.Y.S.2d 557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kopf-v-nulty-nyappdiv-2006.