Coker v. City of New York Department of Probation

Judgment, Supreme Court, New York County (Paul G. Feinman, J.), entered September 6, 2006, inter alia, granting the petition and declaring that respondent Department of Probation (DOE) acted arbitrarily and capriciously when it terminated petitioner’s employment, and directing that petitioner be reinstated with back pay, unanimously affirmed, without costs.

*443As an initial matter, the court’s conversion of respondents’ motion to dismiss into a motion for summary judgment was proper. In response to the court’s invitation to submit affidavits or any other material it chose, respondents neither…