Swindell v. Antonelli

Appellate Division of the Supreme Court of New York

Swindell v. Antonelli

78 A.D.3d 472, 910 N.Y.S.2d 644

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

DecidedNovember 16, 2010

StatusPublished

This text of 78 A.D.3d 472 (Swindell v. Antonelli) 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

Swindell v. Antonelli, 78 A.D.3d 472, 910 N.Y.S.2d 644 (N.Y. Ct. App. 2010).

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Opinion

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about November 20, 2009, which directed a hearing pursuant to CPLR 7804 (h) on petitioner’s claim that respondents’ denial of her promotion to captain was made in bad faith, and, pending the hearing, temporarily restrained respondent Department of Correction from certifying a new promotional list for captain, unanimously reversed, on the law, without costs, the direction for a hearing vacated and the petition dismissed.

In light of the open confidential investigation, the decision not to promote petitioner was rational, reasonable, and made in good faith. Petitioner’s allegations to the contrary were conclusory and speculative (see Matter of Gomez v Hernandez, 50 AD3d 404, 404 [2008]), and she is not entitled to a hearing on her claims. Since no hearing is warranted, it is unnecessary to address respondents’ contentions regarding the propriety of requiring a representative of the Department of Investigations to testify at any such hearing. Concur — Gonzalez, P.J., Friedman, DeGrasse and Manzanet-Daniels, JJ.

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Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about November 20, 2009, which directed a hearing pursuant to CPLR 7804 (h) on petitioner’s claim that respondents’ denial of her promotion to captain was made in bad faith, and, pending the hearing, temporarily restrained respondent Department of Correction from certifying a new promotional list for captain, unanimously reversed, on the law, without costs, the direction for a hearing vacated and the petition dismissed.

In light of the open confidential investigation, the decision not to promote petitioner was rational, reasonable, and made in good faith. Petitioner’s allegations to the contrary were conclusory and speculative (see Matter of Gomez v Hernandez, 50 AD3d 404, 404 [2008]), and she is not entitled to a hearing on her claims. Since no hearing is warranted, it is unnecessary to address respondents’ contentions regarding the propriety of requiring a representative of the Department of Investigations to testify at any such hearing. Concur — Gonzalez, P.J., Friedman, DeGrasse and Manzanet-Daniels, JJ.

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Bluebook (online)

78 A.D.3d 472, 910 N.Y.S.2d 644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swindell-v-antonelli-nyappdiv-2010.

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