Roman v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Roman v. New York City Housing Authority

267 A.D.2d 103, 699 N.Y.S.2d 405, 1999 N.Y. App. Div. LEXIS 13011

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

DecidedDecember 14, 1999

StatusPublished

This text of 267 A.D.2d 103 (Roman v. New York City Housing Authority) 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

Roman v. New York City Housing Authority, 267 A.D.2d 103, 699 N.Y.S.2d 405, 1999 N.Y. App. Div. LEXIS 13011 (N.Y. Ct. App. 1999).

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Opinion

—Order and judgment (one paper), Supreme Court, Bronx County (Luis Gonzalez, J.), entered May 5, 1998, which, in a proceeding pursuant to CPLR article 78, awarded petitioner back pay for the period November 9, 1988 through February 15, 1998 in the amount of $119,560, unanimously affirmed, without costs.

In light of Supreme Court’s October 28, 1992 order directing petitioner’s reinstatement to his former tenured civil service position as caretaker and this Court’s affirmance of that order (201 AD2d 308), petitioner was entitled to back pay from [104]*104November 9, 1988, the date of his wrongful removal, to February 14, 1994, the date petitioner Authority complied with the reinstatement order by offering petitioner immediate reinstatement (see, Matter of Kohler v Board of Educ., 142 AD2d 676, 677, lv denied 74 NY2d 603).

Petitioner’s claims that the award made in the May 5, 1998 order and judgment is in certain respects deficient are not properly before us since petitioner has not appealed from that paper (see, Hecht v City of New York, 60 NY2d 57, 63). Concur— Rosenberger, J. P., Williams, Tom, Mazzarelli and Buckley, JJ.

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—Order and judgment (one paper), Supreme Court, Bronx County (Luis Gonzalez, J.), entered May 5, 1998, which, in a proceeding pursuant to CPLR article 78, awarded petitioner back pay for the period November 9, 1988 through February 15, 1998 in the amount of $119,560, unanimously affirmed, without costs.

In light of Supreme Court’s October 28, 1992 order directing petitioner’s reinstatement to his former tenured civil service position as caretaker and this Court’s affirmance of that order (201 AD2d 308), petitioner was entitled to back pay from [104]*104November 9, 1988, the date of his wrongful removal, to February 14, 1994, the date petitioner Authority complied with the reinstatement order by offering petitioner immediate reinstatement (see, Matter of Kohler v Board of Educ., 142 AD2d 676, 677, lv denied 74 NY2d 603).

Petitioner’s claims that the award made in the May 5, 1998 order and judgment is in certain respects deficient are not properly before us since petitioner has not appealed from that paper (see, Hecht v City of New York, 60 NY2d 57, 63). Concur— Rosenberger, J. P., Williams, Tom, Mazzarelli and Buckley, JJ.

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Bluebook (online)

267 A.D.2d 103, 699 N.Y.S.2d 405, 1999 N.Y. App. Div. LEXIS 13011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roman-v-new-york-city-housing-authority-nyappdiv-1999.

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