Papasidero v. Port Washington Police District

Appellate Division of the Supreme Court of New York

Papasidero v. Port Washington Police District

31 A.D.2d 766, 297 N.Y.S.2d 597, 1969 N.Y. App. Div. LEXIS 4722

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

DecidedJanuary 27, 1969

StatusPublished

This text of 31 A.D.2d 766 (Papasidero v. Port Washington Police District) 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

Papasidero v. Port Washington Police District, 31 A.D.2d 766, 297 N.Y.S.2d 597, 1969 N.Y. App. Div. LEXIS 4722 (N.Y. Ct. App. 1969).

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Opinion

Appeal by plaintiff from (1) an order of the Supreme Court. [767]*767Nassau County, dated April 24, 1968, which granted defendant’s motion to dismiss the complaint, and (2) a judgment of said court dated May 2, 1968, which adjudged that the complaint is dismissed “without prejudice”. Order and judgment modified, on the law and the facts, by adding to each a provision that the dismissal of the complaint is without prejudice to renewal of the action after exhaustion of plaintiff’s administrative remedies. As so modified, order and judgment affirmed, without costs. In Matter of Papasidero v. Fasano (19 N Y 2d 440) the court directed that the plaintiff herein be afforded a hearing pursuant to section 75 of the Civil Service Law. We 'are of the opinion that he is entitled to the benefits of all the procedure prescribed in subdivision 2 of the section (cf. L. 1940, ch. 834, § 1), including formal charges and a hearing at which sworn testimony is adduced. Christ, Acting P. J., Rabin, Hopkins, Munder 'and MartusceUo, JJ., concur.

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Appeal by plaintiff from (1) an order of the Supreme Court. [767]*767Nassau County, dated April 24, 1968, which granted defendant’s motion to dismiss the complaint, and (2) a judgment of said court dated May 2, 1968, which adjudged that the complaint is dismissed “without prejudice”. Order and judgment modified, on the law and the facts, by adding to each a provision that the dismissal of the complaint is without prejudice to renewal of the action after exhaustion of plaintiff’s administrative remedies. As so modified, order and judgment affirmed, without costs. In Matter of Papasidero v. Fasano (19 N Y 2d 440) the court directed that the plaintiff herein be afforded a hearing pursuant to section 75 of the Civil Service Law. We 'are of the opinion that he is entitled to the benefits of all the procedure prescribed in subdivision 2 of the section (cf. L. 1940, ch. 834, § 1), including formal charges and a hearing at which sworn testimony is adduced. Christ, Acting P. J., Rabin, Hopkins, Munder 'and MartusceUo, JJ., concur.

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Bluebook (online)

31 A.D.2d 766, 297 N.Y.S.2d 597, 1969 N.Y. App. Div. LEXIS 4722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/papasidero-v-port-washington-police-district-nyappdiv-1969.