Legal Opinion
Figueroa v. Maguire
Appellate Division of the Supreme Court of the State of New York
Decided February 27, 2007PublishedCited by 3 opinions
1Opinion of the Court
In a hybrid proceeding pursuant to CPLR article 78 to compel Thomas E Maguire, Jr., as Adjutant General of the State of New York Division of Military and Naval Affairs, Michael F. Ganders, and Robert J. Dusek, in effect, to retain the petitioner in his full-time position with the New York Air National Guard Active Guard/Reserve as Assistant Base Civil Engineer of the 106th Rescue Wing and to keep that position open pending the resolution of his outstanding administrative complaints and appeals, and an action, in effect, to recover damages for retaliatory discharge pursuant to Labor Law § 740…
2Cases cited10 opinions
- Feres v. United StatesSupreme Court of the United States · 1950
- Chappell v. WallaceSupreme Court of the United States · 1983
- Jones v. BeameNew York Court of Appeals · 1978
- Donald J. Dibble v. John H. Fenimore, V, Major General, New York Air National Guard, and Secretary of the Air Force F. Whitten PetersCourt of Appeals for the Second Circuit · 2003
- Ronald J. Acquisto v. United StatesCourt of Appeals for the Eighth Circuit · 1995
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3Cited by3 opinions
- Jones v. 106th Rescue WingDistrict Court, E.D. New York · 2012
- Jane H. Concannon Revocable Trust v. Building Dept. of the Town of E. HamptonAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Ocasio v. ShieldsAppellate Division of the Supreme Court of the State of New York · 2026