Palmer v. Merges

Appellate Division of the Supreme Court of New York

Palmer v. Merges

45 A.D.2d 758, 357 N.Y.S.2d 1012, 1974 N.Y. App. Div. LEXIS 4648

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

DecidedJune 24, 1974

StatusPublished

This text of 45 A.D.2d 758 (Palmer v. Merges) 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

Palmer v. Merges, 45 A.D.2d 758, 357 N.Y.S.2d 1012, 1974 N.Y. App. Div. LEXIS 4648 (N.Y. Ct. App. 1974).

Pincite

Opinion

In a proceeding pursuant to article 78 of the CPLR to review appellant’s determination terminating petitioner’s employment with appellant as a Mental Hygiene Assistant Therapist Aide, the appeal is from a judgment of the Supreme Court, Dutchess County, entered November 26, 1973, which directed that petitioner be reinstated to her position, with back pay. Judgment affirmed, with $20 costs and disbursements, on the opinion of Mr. Justice Sweeny at Special Term. Gulotta, P. J., Martuseello, Shapiro and Christ, JJ., concur; Benjamin, J., dissents and votes to reverse and dismiss the proceeding on the merits, with the following memorandum: I consider that the transfer to a different shift constituted a reassignment, within the purview of the rules here under consideration, which enlarged petitioner’s probationary period.

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In a proceeding pursuant to article 78 of the CPLR to review appellant’s determination terminating petitioner’s employment with appellant as a Mental Hygiene Assistant Therapist Aide, the appeal is from a judgment of the Supreme Court, Dutchess County, entered November 26, 1973, which directed that petitioner be reinstated to her position, with back pay. Judgment affirmed, with $20 costs and disbursements, on the opinion of Mr. Justice Sweeny at Special Term. Gulotta, P. J., Martuseello, Shapiro and Christ, JJ., concur; Benjamin, J., dissents and votes to reverse and dismiss the proceeding on the merits, with the following memorandum: I consider that the transfer to a different shift constituted a reassignment, within the purview of the rules here under consideration, which enlarged petitioner’s probationary period.

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Bluebook (online)

45 A.D.2d 758, 357 N.Y.S.2d 1012, 1974 N.Y. App. Div. LEXIS 4648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-merges-nyappdiv-1974.