Legal Opinion

Harris v. City of Mount Vernon

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

Decided October 17, 2012Published

1Opinion of the Court

In the instant proceeding pursuant to CPLR article 78, the petitioners challenge the determination of the City of Mount Vernon terminating their employment. The Supreme Court, Westchester County, referred the issues of the petitioners’ “employment status at the time of their termination and . . . whether any of them were required to exhaust any administrative remedies under the Civil Service Law prior to commencing this Article 78 proceeding” to a Judicial Hearing Officer (hereinafter JHO) to hear and determine (see CPLR 7804 [h]).

The JHO issued a determination dated July 12, 2010, wherein he…

2Cases cited5 opinions

  1. Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
  2. Lipton v. LiptonNew York Supreme Court · 1985
  3. Lipton v. LiptonAppellate Division of the Supreme Court of the State of New York · 1986
  4. Muir v. CuneoAppellate Division of the Supreme Court of the State of New York · 1998
  5. Colodner v. ColodnerNew York Supreme Court · 1987

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