Legal Opinion

Johnson v. Director, Downstate Medical Center

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

Decided June 1, 1976PublishedCited by 34 opinions

1Opinion of the CourtShapiro, J.

In a proceeding pursuant to CPLR article 78 to review the termination of petitioner’s employment for alleged unauthorized absence, he appeals from a judgment of the Supreme Court, Kings County, entered October 29, 1975, which denied the petition and dismissed it "in all respects”. We reverse and order his reinstatement.

The Issues

Two issues are raised by this appeal. The first, a procedural one, is whether the petition is barred by the applicable Statute of Limitations. The second is whether petitioner was denied his constitutionally protected due process rights when his "resignation” was…

2Cases cited29 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Goldberg v. KellySupreme Court of the United States · 1970
  3. Perry v. SindermannSupreme Court of the United States · 1972
  4. Stanley v. IllinoisSupreme Court of the United States · 1972
  5. Dandridge v. WilliamsSupreme Court of the United States · 1970

24 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Keating v. CareyCourt of Appeals for the Second Circuit · 1983
  2. De Milio v. BorghardNew York Court of Appeals · 1982
  3. Commonwealth, Department of Transportation, Bureau of Driver Licensing v. ClaytonSupreme Court of Pennsylvania · 1996
  4. COM. DEPT. OF TRANSP. v. ClaytonSupreme Court of Pennsylvania · 1996
  5. Mandelkern v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1978

29 more not listed; retrieve them via the Exa API.

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