CPLR Article 78

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In O’Brien v. NYC Civil Service Comm’n, the court granted an Article 78 petition annulling the determination of the New York City Civil Service Commission confirming the NYPD’s decision finding the petitioner – who has a history of multiple sclerosis – medically disqualified from appointment as a NYPD police officer. Notably, NYPD did not physically examine the…

Read More Court Overturns NYPD Disqualification Due to History of Multiple Sclerosis
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Below is petitioner Carisa Gaylardo’s petition, captioned Gaylardo v. City of New York et al. (Index No. 14100400), seeking relief – including back pay, reinstatement, and rescission of her termination and “U” rating – from the City of New York. (Media coverage here.) Petitioner was allegedly terminated for having an “inappropriate” relationship with a student.…

Read More Rejection of Threesome Proposition Allegedly Leads to Firing of Probationary Teacher Carisa Gaylardo
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Last week an upstate trial court granted petitioner’s request to undo his termination for drinking on the job.  The decision is Peterson v. City of Poughkeepsie. Petitioner Carleton Peterson was employed by the City of Poughkeepsie as a Street Supervisor.  On Christmas Eve 2009, while working his shift from 7:30 a.m. until 4:00 p.m., petitioner was…

Read More Court Rules That Termination for Drinking at Work Was Too Harsh a Penalty
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In Lewis v Health and Hospitals Corp, 11-cv-0099, 2013 WL 2351798 (SDNY May 30, 2013), the court held that pursuing, and losing, discrimination claims at the state administrative level barred a subsequent federal action. There, plaintiff initially filed a verified complaint with the New York State Division of Human Rights (SDHR) charging defendants with disability discrimination…

Read More Election of Remedies Results in Dismissal of Federal Complaint
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