Legal Opinion

Cohen v. Koehler

New York Court of Appeals

Decided December 21, 1993PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The judgment of Supreme Court and the order of the Appellate Division brought up for review should be reversed, with costs, and the petition dismissed.

Petitioner, a probationary Correction Captain, could have been demoted to Correction Officer without a hearing unless he established that the demotion was for an improper reason or in bad faith (see, Matter of Johnson v Katz, 68 NY2d 649, 650; Matter of York v McGuire, 99 AD2d 1023, 1024, affd 63 NY2d 760). Respondent Department of Correction presented evidence that petitioner had failed to inspect roll call, had…

2Cases cited3 opinions

  1. York v. McGuireNew York Court of Appeals · 1984
  2. Johnson v. KatzNew York Court of Appeals · 1986
  3. York v. McGuireAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by7 opinions

  1. Fighter v. EganAppellate Division of the Supreme Court of the State of New York · 1996
  2. Bryer v. Family Court Panel PlanAppellate Division of the Supreme Court of the State of New York · 1994
  3. Matter of Lake v. Town of SoutholdAppellate Division of the Supreme Court of the State of New York · 2020
  4. Patel v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
  5. Munich v. City of Lackawanna Department of Public SafetyAppellate Division of the Supreme Court of the State of New York · 1999

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