Legal Opinion

Kinney v. Miller

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

Decided June 30, 1971PublishedCited by 3 opinions

1Opinion of the Court

Order unanimously modified, without costs, and matter remitted to Supreme Court, Oneida County, for further proceedings in accordance with the following memorandum: In this article 78 proceeding which seeks an order reinstating petitioner to her position as an attendant at the Rome State School, it is alleged that petitioner’s removal was obtained by threat and duress, and that her resignation was not voluntarily made. The alleged threats of barring her from collecting unemployment insurance and “that she would never be able to get another Civil Service job unless *685she resigned her position”,…

2Cases cited3 opinions

  1. Toscano v. McGoldrickNew York Court of Appeals · 1949
  2. Dushane v. KazmierczakNew York Supreme Court · 1948
  3. Dushane v. KazmierczakAppellate Division of the Supreme Court of the State of New York · 1948

3Cited by3 opinions

  1. Di Giacomo v. AmesAppellate Division of the Supreme Court of the State of New York · 1979
  2. Smith v. RavitchAppellate Division of the Supreme Court of the State of New York · 1986
  3. Lelio v. RutkowskiNew York Supreme Court · 1984

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