Wilson v. D'Angelo

Appellate Division of the Supreme Court of New York

Wilson v. D'Angelo

10 A.D.2d 706, 197 N.Y.S.2d 893, 1960 N.Y. App. Div. LEXIS 10892

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

DecidedMarch 29, 1960

StatusPublished

Cited by1 cases

This text of 10 A.D.2d 706 (Wilson v. D'Angelo) 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

Wilson v. D'Angelo, 10 A.D.2d 706, 197 N.Y.S.2d 893, 1960 N.Y. App. Div. LEXIS 10892 (N.Y. Ct. App. 1960).

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Opinion

Determination dismissing petitioner from her position as clerk annulled, on the law, and the proceeding, in the exercise of discretion, remanded to the Commissioner for a new hearing and upon notice with specifications apprising petitioner of the nature of the charges made against her, with costs to abide the event. The prior notice was wholly insufficient (Matter of Edelstein v. Gale, 5 A D 2d 811). Pending a determination on the new notice and new hearing, petitioner is not entitled to reinstatement provided the Commissioner moves • expeditiously (Matter of Lindquist v. City of Jamestown, 192 Misc. 906 [Halpern, J.]; cf. Matter of Edelstein v. Gale, supra). Concur — Botein, P. J., Breitel, Valente, McNally and Stevens, JJ.

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Determination dismissing petitioner from her position as clerk annulled, on the law, and the proceeding, in the exercise of discretion, remanded to the Commissioner for a new hearing and upon notice with specifications apprising petitioner of the nature of the charges made against her, with costs to abide the event. The prior notice was wholly insufficient (Matter of Edelstein v. Gale, 5 A D 2d 811). Pending a determination on the new notice and new hearing, petitioner is not entitled to reinstatement provided the Commissioner moves • expeditiously (Matter of Lindquist v. City of Jamestown, 192 Misc. 906 [Halpern, J.]; cf. Matter of Edelstein v. Gale, supra). Concur — Botein, P. J., Breitel, Valente, McNally and Stevens, JJ.

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Bluebook (online)

10 A.D.2d 706, 197 N.Y.S.2d 893, 1960 N.Y. App. Div. LEXIS 10892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-dangelo-nyappdiv-1960.

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