Legal Opinion

Fegert v. Mulroy

New York Supreme Court

Decided December 31, 1974PublishedCited by 1 opinion

1Opinion of the CourtThomas Aloi, J.

Petitioner moves for an order pursuant to article 78 of the CPLR, annulling respondents’ determination suspending petitioner, reinstating petitioner with back pay to his position as Accounting Clerk II in the Department of Public Works, Division of Highways, and granting a writ of prohibition enjoining respondents from attempting to discipline petitioner based upon petitioner’s employment from November, 1970, until his reinstatement. Respondents have conceded that petitioner is entitled to back pay, but oppose immediate reinstatement and the issuance of a writ of prohibition.

The facts,…

2Cases cited6 opinions

  1. Matter of Culver Contrg. Corp. v. HumphreyNew York Court of Appeals · 1935
  2. Matter of Towers Man. Corp. v. ThatcherNew York Court of Appeals · 1936
  3. Suppus v. BradleyAppellate Division of the Supreme Court of the State of New York · 1951
  4. Kelly v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1932
  5. Matter of Kelly v. Board of Education of City of N.Y.New York Court of Appeals · 1932

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3Cited by1 opinion

  1. Coe v. FrankDistrict Court, E.D. New York · 1975

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