Okoro v. City of New York Human Resources Administration

Appellate Division of the Supreme Court of New York

Okoro v. City of New York Human Resources Administration

219 A.D.2d 506, 631 N.Y.S.2d 342, 1995 N.Y. App. Div. LEXIS 9457

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

DecidedSeptember 19, 1995

StatusPublished

This text of 219 A.D.2d 506 (Okoro v. City of New York Human Resources Administration) 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

Okoro v. City of New York Human Resources Administration, 219 A.D.2d 506, 631 N.Y.S.2d 342, 1995 N.Y. App. Div. LEXIS 9457 (N.Y. Ct. App. 1995).

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Opinion

Judgment, Supreme Court, New York County (Edward Greenfield, J.), entered September 19, 1994, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent’s determination terminating the petitioner’s provisional appointment as a child caseworker, unanimously affirmed, without costs.

Evidence in the record supports findings that petitioner, a probationary caseworker with the respondent agency, misrepresented to parole authorities that his violation of the curfew provisions of his work-release program was due to his employment with respondent, and that this failure to be reliable and truthful demonstrates petitioner’s unfitness for the position of child caseworker (see, Correction Law § 752 [2]). In the face of [507]*507such evidence, no material issue of fact was raised by petitioner’s unsupported assertion that he was terminated because of his prior conviction for criminal possession of a controlled substance in the first degree, and thus no hearing was required (see, Matter of Preddice v Callanan, 69 NY2d 812; Matter of Johnson v Katz, 68 NY2d 649). Concur — Sullivan, J. P., Rubin, Kupferman, Asch and Nardelli, JJ.

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Judgment, Supreme Court, New York County (Edward Greenfield, J.), entered September 19, 1994, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent’s determination terminating the petitioner’s provisional appointment as a child caseworker, unanimously affirmed, without costs.

Evidence in the record supports findings that petitioner, a probationary caseworker with the respondent agency, misrepresented to parole authorities that his violation of the curfew provisions of his work-release program was due to his employment with respondent, and that this failure to be reliable and truthful demonstrates petitioner’s unfitness for the position of child caseworker (see, Correction Law § 752 [2]). In the face of [507]*507such evidence, no material issue of fact was raised by petitioner’s unsupported assertion that he was terminated because of his prior conviction for criminal possession of a controlled substance in the first degree, and thus no hearing was required (see, Matter of Preddice v Callanan, 69 NY2d 812; Matter of Johnson v Katz, 68 NY2d 649). Concur — Sullivan, J. P., Rubin, Kupferman, Asch and Nardelli, JJ.

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Bluebook (online)

219 A.D.2d 506, 631 N.Y.S.2d 342, 1995 N.Y. App. Div. LEXIS 9457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/okoro-v-city-of-new-york-human-resources-administration-nyappdiv-1995.

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