Meier v. Amico

Appellate Division of the Supreme Court of New York

Meier v. Amico

51 A.D.2d 647, 377 N.Y.S.2d 836, 1976 N.Y. App. Div. LEXIS 10993

Appellate Division of the Supreme Court of the State of New York·Decided January 9, 1976·Published

Opinion

Judgment unanimously affirmed, with costs. Memorandum: This proceeding seeks a determination of whether the actions of respondent Sheriff were arbitrary and capricious. The trial court reviewed the record of the hearing and reversed respondents’ decision, ordering petitioner reinstated. Since the Sheriff’s hearing was pursuant to the collective bargaining agreement and not a hearing "pursuant to direction by law” (CPLR 7803, subd 4), the trial court was not obliged to transfer the petition to the Appellate Division, but itself correctly determined the issues. (Appeal from judgment of Erie Supreme Court in article 78 proceeding to annul suspension and demotion.) Present—Cardamone, J. P., Simons, Mahoney, Goldman and Witmer, JJ.

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Judgment unanimously affirmed, with costs. Memorandum: This proceeding seeks a determination of whether the actions of respondent Sheriff were arbitrary and capricious. The trial court reviewed the record of the hearing and reversed respondents’ decision, ordering petitioner reinstated. Since the Sheriff’s hearing was pursuant to the collective bargaining agreement and not a hearing "pursuant to direction by law” (CPLR 7803, subd 4), the trial court was not obliged to transfer the petition to the Appellate Division, but itself correctly determined the issues. (Appeal from judgment of Erie Supreme Court in article 78 proceeding to annul suspension and demotion.) Present—Cardamone, J. P., Simons, Mahoney, Goldman and Witmer, JJ.

Meier v. Amico, 51 A.D.2d 647, 377 N.Y.S.2d 836, 1976 N.Y. App. Div. LEXIS 10993 (N.Y. Ct. App. 1976).

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