Settle v. Board of Trustees

Appellate Division of the Supreme Court of New York

Settle v. Board of Trustees

207 A.D.2d 493, 616 N.Y.S.2d 236, 1994 N.Y. App. Div. LEXIS 8395

Appellate Division of the Supreme Court of the State of New York·Decided August 22, 1994·Published

Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the Village of Spring Valley, dated April 29, 1992, which, after a hearing, found the petitioner Walter Curtis Settle, Jr., guilty of misconduct and terminated his employment.

Adjudged that the petition is granted to the extent that the determination is annulled, on the law, without costs and disbursements.

Because the petitioner was entitled to proceed to arbitration (see, Matter of Policemen’s Benevolent Assn. v Rosenthal, 207 AD2d 492 [decided herewith]) and the Hearing Officer lacked jurisdiction to discipline the petitioner (see, Village Law § 8-800; Wiggins v Board of Educ., 60 NY2d 385, 387-388; Copeland v Salomon, 56 NY2d 222; 1978 Opn St Comp No. 78-665, at 130) the determination of the Board of Trustees was unauthorized. Rosenblatt, J. P., Miller, Ritter and Santucci, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—Proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the Village of Spring Valley, dated April 29, 1992, which, after a hearing, found the petitioner Walter Curtis Settle, Jr., guilty of misconduct and terminated his employment.

Adjudged that the petition is granted to the extent that the determination is annulled, on the law, without costs and disbursements.

Because the petitioner was entitled to proceed to arbitration (see, Matter of Policemen’s Benevolent Assn. v Rosenthal, 207 AD2d 492 [decided herewith]) and the Hearing Officer lacked jurisdiction to discipline the petitioner (see, Village Law § 8-800; Wiggins v Board of Educ., 60 NY2d 385, 387-388; Copeland v Salomon, 56 NY2d 222; 1978 Opn St Comp No. 78-665, at 130) the determination of the Board of Trustees was unauthorized. Rosenblatt, J. P., Miller, Ritter and Santucci, JJ., concur.

Settle v. Board of Trustees, 207 A.D.2d 493, 616 N.Y.S.2d 236, 1994 N.Y. App. Div. LEXIS 8395 (N.Y. Ct. App. 1994).

Pincite

207 A.D.2d 493 (Settle v. Board of Trustees) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related