Legal Opinion

Roberts v. Parker

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

Decided April 1, 1976PublishedCited by 6 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court, entered April 2, 1974 in Albany County, upon a decision of the court at a Trial Term without a jury which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to be reinstated to the position of interviewer-coder. Petitioner held the position of interviewer-coder for over eight years on a temporary employment basis until dismissed as a result of a staff reduction. Clearly, if petitioner’s status is no more than a temporary employee, his dismissal was proper. It is well-established that temporary appointments are exempt…

2Cases cited3 opinions

  1. Matter of Hilsenrad v. MillerNew York Court of Appeals · 1940
  2. Daub v. CoupeAppellate Division of the Supreme Court of the State of New York · 1959
  3. Hennessey v. FarrellNew York Supreme Court · 1962

3Cited by6 opinions

  1. Ause v. ReganAppellate Division of the Supreme Court of the State of New York · 1977
  2. Rivera v. BeekmanAppellate Division of the Supreme Court of the State of New York · 1982
  3. Civil Service Employees Ass'n v. State of New York Department of Civil ServiceAppellate Division of the Supreme Court of the State of New York · 1998
  4. Fujiwara v. ClarkDistrict Court, D. Hawaii · 1979
  5. Jones v. Westchester County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1996

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