Wood v. Cosgrove

Appellate Division of the Supreme Court of New York

Wood v. Cosgrove

237 A.D.2d 616, 655 N.Y.S.2d 1004, 1997 N.Y. App. Div. LEXIS 3009

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

DecidedMarch 31, 1997

StatusPublished

Cited by13 cases

This text of 237 A.D.2d 616 (Wood v. Cosgrove) 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

Wood v. Cosgrove, 237 A.D.2d 616, 655 N.Y.S.2d 1004, 1997 N.Y. App. Div. LEXIS 3009 (N.Y. Ct. App. 1997).

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Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondents, dated January 4, 1995, which adopted the findings of a Hearing Officer which, after a hearing, found the petitioner guilty of two specifications of incompetence and demoted her from the position of head clerk, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Henry, J.), entered November 16, 1995, which dismissed the proceeding as barred by Civil Service Law § 76 (3).

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly dismissed the proceeding as barred under Civil Service Law § 76 (3) because the petitioner previously opted to pursue an administrative appeal of the determination to the Civil Service Commission (hereinafter Commission) (see, Civil Service Law § 76 [1]; Matter of McGirr v Division of Veterans Affairs, 43 NY2d 635, cert denied 439 US 826). In addition, the petitioner failed to establish that the Commission’s denial of her appeal as untimely was "in violation of the Constitution or of the laws of this State”, or that the Commission "acted illegally, unconstitutionally, or in excess of its jurisdiction” (Matter of New York City Dept. of Envtl. Protection v New York City Civ. Serv. Commn., 78 NY2d 318, 323-324; see, Matter of Lemoine v New York City Tr. Auth., 227 AD2d 403; Civil Service Law § 76 [1]). Sullivan, J. P., Joy, Friedmann and Florio, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the respondents, dated January 4, 1995, which adopted the findings of a Hearing Officer which, after a hearing, found the petitioner guilty of two specifications of incompetence and demoted her from the position of head clerk, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Henry, J.), entered November 16, 1995, which dismissed the proceeding as barred by Civil Service Law § 76 (3).

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly dismissed the proceeding as barred under Civil Service Law § 76 (3) because the petitioner previously opted to pursue an administrative appeal of the determination to the Civil Service Commission (hereinafter Commission) (see, Civil Service Law § 76 [1]; Matter of McGirr v Division of Veterans Affairs, 43 NY2d 635, cert denied 439 US 826). In addition, the petitioner failed to establish that the Commission’s denial of her appeal as untimely was "in violation of the Constitution or of the laws of this State”, or that the Commission "acted illegally, unconstitutionally, or in excess of its jurisdiction” (Matter of New York City Dept. of Envtl. Protection v New York City Civ. Serv. Commn., 78 NY2d 318, 323-324; see, Matter of Lemoine v New York City Tr. Auth., 227 AD2d 403; Civil Service Law § 76 [1]). Sullivan, J. P., Joy, Friedmann and Florio, JJ., concur.

Joseph Locurto v. Howard Safir, Commissioner of the New York City Police Department, the City of New York and Rudolph Giuliani, Mayor of the City of New York, Jonathan Walters v. Rudolph Giuliani, Mayor of the City of New York, Thomas Von Essen, Commissioner of the Fire Department of the City of New York, and the City of New York, Robert Steiner v. Rudolph Giuliani, Mayor of the City of New York, Thomas Von-Essen, Commissioner of the New York City Fire Department, the City of New York

264 F.3d 154 (Second Circuit, 2001)

Locurto v. Safir

264 F.3d 154 (Second Circuit, 2001)

Riley v. Goord

275 A.D.2d 462 (Appellate Division of the Supreme Court of New York, 2000)

Schindlar v. Incorporated Village of Lloyd Harbor

261 A.D.2d 626 (Appellate Division of the Supreme Court of New York, 1999)

Verri v. Nanna

20 F. Supp. 2d 616 (S.D. New York, 1998)

Turner v. New York City Transit Authority

252 A.D.2d 558 (Appellate Division of the Supreme Court of New York, 1998)

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Bluebook (online)

237 A.D.2d 616, 655 N.Y.S.2d 1004, 1997 N.Y. App. Div. LEXIS 3009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-cosgrove-nyappdiv-1997.

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