Pleickhardt v. Lippman

OPINION OF THE COURT

William L. Underwood, Jr., J.

The case at bar is an action (pursuant to CPLR art 78) which seeks to annul the determination of the respondents in removing petitioner from the eligible list for court officer. The essence of this controversy centers on an alleged prior bad act which petitioner committed resulting in his arrest and ultimate disposition via an adjournment in contemplation of dismissal (ACOD). Petitioner contends, inter alia, that this incident should not have been considered in the decision to remove him from the eligible list. Respondents, however, assert that…