Mukhopadhyay v. City of New York

Appellate Division of the Supreme Court of New York

Mukhopadhyay v. City of New York

296 A.D.2d 363, 745 N.Y.S.2d 424, 2002 N.Y. App. Div. LEXIS 7667

Appellate Division of the Supreme Court of the State of New York·Decided July 25, 2002·Published

Opinion

Order and judgment (one paper), Supreme Court, New York County (Paula Omansky, J.), entered on or about October 31, 2000, which dismissed the petition brought pursuant to CPLR article 78 to annul respondents’ determination denying petitioner a managerial pay increase, unanimously affirmed, without costs.

The record is devoid of any basis for a claim that the challenged determination was arbitrary and capricious (see, Matter of 601 Realty Corp. v City of N.Y. Dept. of Health, 269 AD2d 268). Since petitioner was not demoted, dismissed or otherwise subject to disciplinary action, his claim that he was entitled to a pretermination hearing pursuant to Civil Service Law § 75 (1) is incorrect. Concur — Nardelli, J.P., Mazzarelli, Buckley, Sullivan and Marlow, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Paula Omansky, J.), entered on or about October 31, 2000, which dismissed the petition brought pursuant to CPLR article 78 to annul respondents’ determination denying petitioner a managerial pay increase, unanimously affirmed, without costs.

The record is devoid of any basis for a claim that the challenged determination was arbitrary and capricious (see, Matter of 601 Realty Corp. v City of N.Y. Dept. of Health, 269 AD2d 268). Since petitioner was not demoted, dismissed or otherwise subject to disciplinary action, his claim that he was entitled to a pretermination hearing pursuant to Civil Service Law § 75 (1) is incorrect. Concur — Nardelli, J.P., Mazzarelli, Buckley, Sullivan and Marlow, JJ.

Mukhopadhyay v. City of New York, 296 A.D.2d 363, 745 N.Y.S.2d 424, 2002 N.Y. App. Div. LEXIS 7667 (N.Y. Ct. App. 2002).

Pincite

296 A.D.2d 363 (Mukhopadhyay v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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