Legal Opinion
Nelson v. City of Buffalo Fire Department
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 1998PublishedCited by 2 opinions
1Opinion of the Court
Determination unanimously confirmed without costs and petition dismissed. Memorandum: At the outset, we note that, because the petition in this CPLR article 78 proceeding raised a substantial evidence question, Supreme Court should not have ruled on the other legal issue raised therein (see, CPLR 7804 [g]; Matter of Ocean v Selsky, 252 AD2d 984; Matter of Davis v Kelly, 145 AD2d 950, lv denied 74 NY2d 603). The matter now being before us, however, we may decide the issue de novo.
Petitioner firefighter contends that respondent’s determination finding him guilty of disruption of company harmony…
2Cases cited7 opinions
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Rivera v. BeekmanAppellate Division of the Supreme Court of the State of New York · 1982
- Ocean v. SelskyAppellate Division of the Supreme Court of the State of New York · 1998
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Matter of Moser v. RamkissoonAppellate Division of the Supreme Court of the State of New York · 2017
- Hoch v. New York State Department of HealthNew York Supreme Court · 2002