Lein v. Stangl

Appellate Division of the Supreme Court of New York

Lein v. Stangl

203 A.D.2d 74, 612 N.Y.S.2d 835

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

DecidedApril 7, 1994

StatusPublished

This text of 203 A.D.2d 74 (Lein v. Stangl) 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

Lein v. Stangl, 203 A.D.2d 74, 612 N.Y.S.2d 835 (N.Y. Ct. App. 1994).

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Opinion

—Order and judgment (one paper), Supreme Court, New York County (William McCooe, J.), entered April 15, 1993, which denied respondents’ motion to dismiss the petition and directed a hearing on the issue of whether the reassignment of petitioner from his position as a provisional management employee was made in bad faith, unanimously affirmed, without costs.

Petitioner established his entitlement to a hearing to determine whether respondent demoted him to lieutenant from his provisional position of management in retaliation for his opposition to acts undertaken by his superior which he reasonably believed were improper (see, Matter of York v McGuire, 63 NY2d 760). Concur — Carro, J. P., Wallach, Asch, Nardelli and Williams, JJ.

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—Order and judgment (one paper), Supreme Court, New York County (William McCooe, J.), entered April 15, 1993, which denied respondents’ motion to dismiss the petition and directed a hearing on the issue of whether the reassignment of petitioner from his position as a provisional management employee was made in bad faith, unanimously affirmed, without costs.

Petitioner established his entitlement to a hearing to determine whether respondent demoted him to lieutenant from his provisional position of management in retaliation for his opposition to acts undertaken by his superior which he reasonably believed were improper (see, Matter of York v McGuire, 63 NY2d 760). Concur — Carro, J. P., Wallach, Asch, Nardelli and Williams, JJ.

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203 A.D.2d 74, 612 N.Y.S.2d 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lein-v-stangl-nyappdiv-1994.

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