Legal Opinion · Dissent

Matter of Castro v. Schriro

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

Decided June 28, 2016No. 366 101472/13Published

1DissentAndrias, J.

While giving lip service to the law governing the discharge of a probationary employee, the majority in fact finds that the petition should not have been dismissed because it cannot be determined at this juncture whether petitioner’s or respondents’ actions were “inappropriate under any standard,” and any finding of misconduct on petitioner’s part may have been a mistake However, a probationary employee may be dismissed for almost any reason, or for no reason at all, and the majority utterly ignores petitioner’s total failure to carry his heavy burden of establishing by competent evidence…

2Cases cited12 opinions

  1. MATTER OF SWINTON v. SafirNew York Court of Appeals · 1999
  2. Soto v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1991
  3. Lane v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  4. Walsh v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  5. Higgins v. La PagliaAppellate Division of the Supreme Court of the State of New York · 2001

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