Legal Opinion
Park v. Kapica
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 2006PublishedCited by 3 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 78, inter alia, to annul the appointment of a hearing officer, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Lange, J.), dated October 20, 2003, which, in effect, denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
The petitioner’s disability payments constituted a property right giving rise to the procedural due process protection of an evidentiary hearing before they could be terminated (see Matter of City of Cohoes [Uniform Firefighters of Cohoes, Local 2562, IAFF,…
2Cases cited5 opinions
- Uniform Firefighters of Cohoes v. City of CohoesNew York Court of Appeals · 2000
- In re Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 1983
- Curley v. DilworthAppellate Division of the Supreme Court of the State of New York · 1983
- Hodella v. Chief of Police of GreenburghAppellate Division of the Supreme Court of the State of New York · 1980
- Steinmann v. Village of Spring ValleyAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by3 opinions
- Gizzo v. Town of MamaroneckAppellate Division of the Supreme Court of the State of New York · 2006
- DeMasi v. BeneficoAppellate Division of the Supreme Court of the State of New York · 2006
- Murray v. Town of N. CastleAppellate Division of the Supreme Court of the State of New York · 2022