Legal Opinion

Pesce v. Reuter

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

Decided June 28, 1999Published

1Opinion of the Court

—In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondents to reappoint the petitioner to the position of Bus Operator, the petitioner appeals from a judgment of the Supreme Court, Kings County (Jones, J.), dated July 24, 1998, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly denied the petition and dismissed the proceeding, as a rational basis existed for the respondents’ refusal to reappoint the petitioner to the position of Bus Operator (see, Matter of Hedeman v County of Dutchess,…

2Cases cited3 opinions

  1. Schmitt v. KileyAppellate Division of the Supreme Court of the State of New York · 1986
  2. Dramis v. Nassau County Community CollegeAppellate Division of the Supreme Court of the State of New York · 1991
  3. Hedeman v. County of DutchessAppellate Division of the Supreme Court of the State of New York · 1996

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