§Why CasetextPricing

In the Matter of Raymond Castro, Respondent,v.Dora Schriro,, et al. Appellants.

Brief

11 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,556 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal

  2. Matter of Scherbyn v. Boces

    77 N.Y.2d 753 (N.Y. 1991)   Cited 530 times
    Finding that Article 78 review of a quasi-judicial hearing is a certiorari proceeding, not a mandamus to review proceeding, and therefore "substantial evidence" rather than "arbitrary and capricious" is the standard of review

  3. Matter of Swinton v. Safir

    93 N.Y.2d 758 (N.Y. 1999)   Cited 188 times
    Holding that a probationary employee could be terminated at will but only absent a showing that he was dismissed in bad faith or for an improper or impermissible reason

  4. Matter of York v. McGuire

    63 N.Y.2d 760 (N.Y. 1984)   Cited 242 times   1 Legal Analyses
    Upholding discharge of probationary police officer without a hearing

  5. Matter of Johnson v. Katz

    68 N.Y.2d 649 (N.Y. 1986)   Cited 173 times

    Decided June 10, 1986 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Lawrence E. Kahn, J. William F. Sheehan for appellant. Robert Abrams, Attorney-General (William J. Kogan, Robert Hermann and Peter H. Schiff of counsel), for respondents. MEMORANDUM. The order of the Appellate Division should be affirmed, with costs. Judicial review of the determination to discharge this probationary employee is limited to an inquiry as to whether the termination was made

  6. Duncan v. Kelly

    2008 N.Y. Slip Op. 181 (N.Y. 2008)   Cited 39 times

    No. 47 SSM 36. Decided January 15, 2008. APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered August 9, 2007. The Appellate Division affirmed an order and judgment of the Supreme Court, New York County (Doris Ling-Cohan, J.), entered in a proceeding pursuant to CPLR article 78, which had dismissed a petition to annul respondents' determination terminating petitioner's employment as a probationary police officer

  7. Venes v. Community School Bd.

    43 N.Y.2d 520 (N.Y. 1978)   Cited 95 times
    Holding under New York law a probationary employee has no property interests in his employment and may be discharged for "almost any reason or no reason at all"

  8. Matter of Cynthia York v. McGuire

    99 A.D.2d 1023 (N.Y. App. Div. 1984)   Cited 75 times

    March 29, 1984 Order, Supreme Court, New York County (A.F. Klein, J.), entered October 13, 1982 referring the matter for a trial of issues of fact whether petitioner's dismissal was arbitrary and capricious, is reversed, on the law, without costs, and the petition is dismissed. ¶ Petitioner as a probationary police officer could be dismissed without an "administrative hearing concerning the reasons for [her] dismissal absent proof, not present in this record, that the dismissal was for an improper

  9. Castro v. Schriro

    140 A.D.3d 644 (N.Y. App. Div. 2016)   Cited 18 times

    06-28-2016 In re Raymond CASTRO, Petitioner–Appellant, v. Dr. Dora SCHRIRO, etc., et al., Respondents–Respondents. Koehler & Isaacs LLP, New York (Liam L. Castro of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Ingrid R. Gustafson of counsel), for respondents. Koehler & Isaacs LLP, New York (Liam L. Castro of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Ingrid R. Gustafson of counsel), for respondents. ACOSTA, J.P., RENWICK, ANDRIAS, MOSKOWITZ

  10. Higgins v. La Paglia

    281 A.D.2d 679 (N.Y. App. Div. 2001)   Cited 16 times
    In Higgins, a hearing was directed regarding the termination of a probationary correction officer where an issue was raised as to good faith because of, among other things, conflicting evaluation reports and allegations by the petitioner that he, unlike other newly hired correction officers, was not afforded academy training (281 A.D.2d at 681, 722 N.Y.S.2d 592).