Prosetti v. Jackson

Appellate Division of the Supreme Court of New York

Prosetti v. Jackson

245 A.D.2d 294, 665 N.Y.S.2d 940, 1997 N.Y. App. Div. LEXIS 12074

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

DecidedDecember 1, 1997

StatusPublished

This text of 245 A.D.2d 294 (Prosetti v. Jackson) 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

Prosetti v. Jackson, 245 A.D.2d 294, 665 N.Y.S.2d 940, 1997 N.Y. App. Div. LEXIS 12074 (N.Y. Ct. App. 1997).

Pincite

Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Westchester County Department of Correction which denied the petitioner’s request to rescind his resignation from his position as a Correction Officer, the appeal is from an amended order and judgment (one paper) of the Supreme Court, Westchester County (Cowhey, J.), entered September 27, 1996, which, upon a jury verdict, directed reinstatement of the petitioner to the position of Correction Officer and awarded him back pay with interest.

Ordered that the amended order and judgment is affirmed, with costs.

Under the circumstances of this case, the trial court correctly gave a missing-witness charge. Copertino, J. P., Sullivan, Pizzuto and Lemer, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Westchester County Department of Correction which denied the petitioner’s request to rescind his resignation from his position as a Correction Officer, the appeal is from an amended order and judgment (one paper) of the Supreme Court, Westchester County (Cowhey, J.), entered September 27, 1996, which, upon a jury verdict, directed reinstatement of the petitioner to the position of Correction Officer and awarded him back pay with interest.

Ordered that the amended order and judgment is affirmed, with costs.

Under the circumstances of this case, the trial court correctly gave a missing-witness charge. Copertino, J. P., Sullivan, Pizzuto and Lemer, JJ., concur.

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Bluebook (online)

245 A.D.2d 294, 665 N.Y.S.2d 940, 1997 N.Y. App. Div. LEXIS 12074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prosetti-v-jackson-nyappdiv-1997.