Legal Opinion

Davila v. New York City Housing Authority

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 1993PublishedCited by 9 opinions

1Opinion of the Court

— Order, Supreme Court, New York County (Alice Schlesinger, J.), entered August 20, 1991, which, inter alia, reinstated petitioner as a New York City Housing Authority (NYCHA) police officer for the sole purpose of providing him with a hearing on disciplinary charges, unanimously affirmed, without costs.

Although a civil service employee who resigns generally has no right to reinstatement (see, Matter of McGill v D’Ambrose, 58 AD2d 604), the trial court properly reinstated petitioner so that he could defend against the disciplinary charges at a hearing. The record leaves a "disquieting feeling…

2Cases cited5 opinions

  1. DeVito v. NyquistAppellate Division of the Supreme Court of the State of New York · 1977
  2. MATTER OF VITO v. NyquistNew York Court of Appeals · 1977
  3. McGill v. D'AmbRoseAppellate Division of the Supreme Court of the State of New York · 1977
  4. Kane v. New York State Department of CorrectionAppellate Division of the Supreme Court of the State of New York · 1964
  5. Miciotta v. McMickensAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by9 opinions

  1. Hunt v. Hamilton CountyAppellate Division of the Supreme Court of the State of New York · 1997
  2. Bethelite Community Church v. Department of Environmental ProtectionAppellate Division of the Supreme Court of the State of New York · 2006
  3. Intermor v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 2001
  4. Hawkins v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
  5. Matter of Jordan v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2017

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