Legal Opinion

Macklin v. Powell

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

Decided January 24, 1985PublishedCited by 7 opinions

1Opinion of the Court

— Appeal from a judgment of the Supreme Court at Special Term (Kahn, J.), entered November 15, 1983 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondents to reinstate petitioner to his position in the Human Resources Management Group of the State Department of Health or, in the alternative, to afford petitioner a hearing.

Petitioner asserts (1) that his termination was arbitrary, capricious, an abuse of discretion and effectuated in bad faith, and (2) that the officer who discharged him acted without authority. Special…

2Cases cited3 opinions

  1. King v. SapierAppellate Division of the Supreme Court of the State of New York · 1975
  2. King v. SapierNew York Court of Appeals · 1976
  3. De Salvo v. KolbAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by7 opinions

  1. Davis v. New York State Division of Military & Naval AffairsAppellate Division of the Supreme Court of the State of New York · 2002
  2. Jessamy v. FernandesAppellate Division of the Supreme Court of the State of New York · 1988
  3. Van Dyke v. New York State Department of EducationAppellate Division of the Supreme Court of the State of New York · 1989
  4. Sepulveda v. Long Island State Park & Recreation CommissionAppellate Division of the Supreme Court of the State of New York · 1986
  5. Munich v. City of Lackawanna Department of Public SafetyAppellate Division of the Supreme Court of the State of New York · 1999

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