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Misir v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Dec 11, 1997
245 A.D.2d 88 (N.Y. App. Div. 1997)

Opinion

December 11, 1997

Appeal from the Supreme Court, New York County (Robert Lippmann, J.).


As a provisional employee of defendant Housing Authority, plaintiff, who was terminated for failing to report to work and thereafter failing to return, request leave or provide sufficient explanation for his absence, was not entitled to a hearing under Civil Service Law § 75 (Matter of Tyson v. Hess, 66 N.Y.2d 943). Nor was there merit to plaintiff's cross motion for leave to amend the complaint to assert a cause of action under Labor Law § 201-d, implicitly denied in the order appealed from. Plaintiff's allegations of political discrimination and of other bad faith by defendants in their treatment and termination of him were conclusory and unsubstantiated. The alleged offending statement upon which plaintiff bases his libel claim was qualifiedly privileged since it was made in the context of a review or evaluation of plaintiff's performance by a superior, and no proof was submitted to raise any factual issue regarding defendants' actual malice, personal spite, or culpable recklessness or negligence (see, Kasachkoff v. City of New York, 107 A.D.2d 130).

Concur — Murphy, P.J., Sullivan, Rubin, Tom and Mazzarelli, JJ.


Summaries of

Misir v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Dec 11, 1997
245 A.D.2d 88 (N.Y. App. Div. 1997)
Case details for

Misir v. New York City Housing Authority

Case Details

Full title:JORAWAR MISIR, Appellant, v. NEW YORK CITY HOUSING AUTHORITY et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 11, 1997

Citations

245 A.D.2d 88 (N.Y. App. Div. 1997)
666 N.Y.S.2d 132

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