CPLR Article 78

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In Byfield-Aboagye v New York City Dept. of Educ., 2018 NY Slip Op 32644(U) (NY Sup. Ct. NY Cty. Index 158036/2016 Oct. 10, 2018), the court dismissed plaintiff’s (a probationary principal) discrimination and retaliation claims – specifically, by denying her Article 78 petition seeking reinstatement. From the decision: Petitioner speculates that discrimination may have played a role in…

Read More Probationary Principal’s Discrimination Claims Rejected
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In Matter of Lai v. St. John’s Univ., 2017 NY Slip Op 07601 (App. Div. 2d Dept. Nov. 1, 2017), the court affirmed a lower court’s decision dismissing the Article 78 petition brought by a professor following his termination due to alleged sexual harassment of a student. The court explained: The employment of the petitioner, a tenured…

Read More Dismissal of Tenured Professor, Following Sexual Harassment Allegations by Student, Upheld
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In Matter of Ferrara v. New York State Div. of Human Rights, 2017 NY Slip Op 06968 (App. Div. 2d Dept. Oct. 4, 2017), the court affirmed the denial of petitioner’s Article 78 petition to review a determination by the New York State Division of Human Rights that petitioner’s discrimination claims were barred by the NYS…

Read More Employment Discrimination Claims Properly Dismissed as Untimely
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In Matter of AMG Managing Partners v. NYS Div. of Human Rights, No. TP 16-01391, 2017 WL 1187641 (N.Y. App. Div. 4th Dept. Mar. 31, 2017), the court upheld a New York State Division of Human Rights determination that the complainant was subjected to hostile work environment sexual harassment, but reduced the emotional distress damages award to…

Read More Sexual Harassment/Hostile Work Environment Finding Upheld; Damages Reduced to $25,000
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From Matter of Khan v. N.Y. City Health & Hosps. Corp., 144 A.D.3d 600 (N.Y. App. Div. 1st Dept. Nov. 29, 2016): The termination of petitioner’s appointment as Director of Pharmacy did not violate a constitutional or statutory provision or a policy established by decisional law (see Matter of Bergamini v. Manhattan & Bronx Surface…

Read More Pharmacy Director’s Race, Religion, National Origin Discrimination Claims Properly Dismissed; Article 78 Proceeding Unsuccessful
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In Matter of Boone v New York City Dept. of Educ., 2016 NY Slip Op 26240 (Sup. Ct. NY Cty. July 12, 2016), the court held that a prior conviction for petit larceny should not have barred an employee’s attempt to become a school bus attendant. The court granted the petitoner’s CPLR Article 78 petition, finding…

Read More Petit Larceny Conviction Should Not Have Barred Employment as School Bus Attendant; Correction Law Article 23-A Factors Applied
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In Matter of Cruz v. Schriro, 2016 NY Slip Op 50363(U) (NY Sup Ct. NY Cty. March 24, 2016), the court held that the petitioner – a probationary NYC Dept. of Correction Correction Officer – sufficiently alleged that he suffered a “disability” under the NYC Human Rights Law and that the respondent failed to accommodate his disability.…

Read More Probationary Corrections Officer Sufficiently Alleges That Rikers Island-Related Hives and Allergic Reactions Constituted a “Disability” Under the NYC Human Rights Law
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In Matter of Castillo v. Schriro (N.Y. Sup. Ct. N.Y. Cty. July 17, 2015), Judge Ling-Cohan granted the Article 78 petition filed by terminated probationary corrections officer, who alleged that she was discriminated against under the NYC Human Rights Law due to her disability and domestic violence victim status. From the decision: [R]espondents having been noticed…

Read More Court Orders Reinstatement of Corrections Officer Subject to Discrimination Because of Disability and Domestic Violence Victim Status
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In Thomas v. New York City Dept. of Educ., the New York Supreme Court held that the Department of Education erred by denying petitioner – a paraprofessional who worked with special needs children at the Department of Education – reinstatement following his termination due to a conviction for drunk driving assault. It annulled, under CPLR Article…

Read More Special Needs Paraprofessional Entitled to “Second Chance” at Employment Following Conviction for Drunk Driving Assault
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