Legal Opinion

White v. State

New York Court of Claims

Decided July 1, 1994No. Claim No. 87018PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Gerard M. Weisberg, J.

This is defendant’s motion for summary judgment dismissing the claim and claimant’s cross motion to strike affirmative defenses, to amend the claim and for permission to file it late.

From the papers, it appears that on October 16, 1987, claimant was a principal file clerk employed by defendant. On that date, the State instituted a notice of discipline (NOD) against claimant for instances of misconduct and insubordination. The NOD was settled in accordance with an agreement dated November 19, 1987. That document expressly provided that "[a]ny further…

2Cases cited17 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. O'Brien v. City of SyracuseNew York Court of Appeals · 1981
  3. Gross v. PeralesNew York Court of Appeals · 1988
  4. Santana v. New York State Thruway AuthorityNew York Court of Claims · 1977
  5. Byrne v. StateAppellate Division of the Supreme Court of the State of New York · 1984

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3Cited by4 opinions

  1. Barry J. Jacobson, Plaintiff-Appellant-Cross-Appellee v. Fireman's Fund Insurance Company, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1997
  2. Lukas v. AscherAppellate Division of the Supreme Court of the State of New York · 2002
  3. Williams v. Planet Motor Car, Inc.Civil Court of the City of New York · 2001
  4. Bertoldi v. StateNew York Court of Claims · 1995

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