Schweit v. Abate

—Order and judgment (one paper), Supreme Court, New York County (Stanley Sklar, J.), entered on or about February 4, 1993, which dismissed the petition brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner tendered his resignation pursuant to a negotiated plea agreement, entered into after conferring with counsel and the Administrative Law Judge. The resignation was effective, pursuant to a departmental rule, upon acceptance by the Acting Assistant Commissioner, who was authorized by the statutory appointing authority, and thus could not be withdrawn without…