Targia v. Abate

Appellate Division of the Supreme Court of New York

Targia v. Abate

220 A.D.2d 303, 632 N.Y.S.2d 557, 1995 N.Y. App. Div. LEXIS 10237

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

DecidedOctober 19, 1995

StatusPublished

This text of 220 A.D.2d 303 (Targia v. Abate) 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

Targia v. Abate, 220 A.D.2d 303, 632 N.Y.S.2d 557, 1995 N.Y. App. Div. LEXIS 10237 (N.Y. Ct. App. 1995).

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Opinion

—Judgment, Supreme Court, New York County (Beverly Cohen, J.), entered July 12, 1994, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent Department’s determination terminating petitioner’s probationary employment as a correction officer, and dismissed the petition, unanimously affirmed, without costs.

Evidence in the record supporting the conclusion that petitioner suffered from a medical condition that made him unable to reasonably perform the essential duties of a correction officer, including the opinion of respondent Department’s medical experts, established that the termination was made in good faith (see, Matter of Johnson v Katz, 68 NY2d 649; Matter of Butler v Abate, 204 AD2d 171, 172). Concur—Murphy, P. J., Asch, Nardelli and Mazzarelli, JJ.

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—Judgment, Supreme Court, New York County (Beverly Cohen, J.), entered July 12, 1994, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent Department’s determination terminating petitioner’s probationary employment as a correction officer, and dismissed the petition, unanimously affirmed, without costs.

Evidence in the record supporting the conclusion that petitioner suffered from a medical condition that made him unable to reasonably perform the essential duties of a correction officer, including the opinion of respondent Department’s medical experts, established that the termination was made in good faith (see, Matter of Johnson v Katz, 68 NY2d 649; Matter of Butler v Abate, 204 AD2d 171, 172). Concur—Murphy, P. J., Asch, Nardelli and Mazzarelli, JJ.

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220 A.D.2d 303, 632 N.Y.S.2d 557, 1995 N.Y. App. Div. LEXIS 10237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/targia-v-abate-nyappdiv-1995.

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