Legal Opinion

Garcia v. New York City Probation Department

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

Decided October 27, 1994PublishedCited by 5 opinions

1Opinion of the Court

Appeal from order, Supreme Court, New York County (William J. Davis, J.), entered February 7, 1994, which denied petitioner’s CPLR article 78 application for reinstatement and *476retroactive benefits as a probationary probation officer, unanimously dismissed, without costs.

Petitioner, a probationary employee who was terminated after he received a "conditional” rating on his performance evaluation was later offered the choice of resignation in lieu of termination to protect his future employment opportunities with New York City. Petitioner chose to resign, and his resignation was accepted by…

2Cases cited4 opinions

  1. Vaillancourt v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1989
  2. MATTER OF VAILLANCOURT v. New York State Liquor Auth.New York Court of Appeals · 1990
  3. Dash v. BrownAppellate Division of the Supreme Court of the State of New York · 1993
  4. Stefandel v. SielaffAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by5 opinions

  1. Che Lin Tsao v. KellyAppellate Division of the Supreme Court of the State of New York · 2006
  2. Quaranta v. JacobsonAppellate Division of the Supreme Court of the State of New York · 1998
  3. Matter of Castro v. SchriroAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Castro v. SchriroAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of Vijungco v. Metropolitan Transp. Auth.Appellate Division of the Supreme Court of the State of New York · 2025

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