Legal Opinion
Silberzweig v. Doherty
New York Supreme Court
Decided February 2, 2009PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Alice Schlesinger, J.
*619This CPLR article 78 proceeding commenced by Matthew Silberzweig, a former employee of the Department of Sanitation, against the Sanitation Commissioner presents an interesting question: Was it arbitrary and capricious and/or an abuse of discretion for the Commissioner to deny Silberzweig’s application for reinstatement to employment, when Silberzweig was discharged based on his absence from work without leave (AWOL) due to an arrest, and he was subsequently acquitted of all charges related to the arrest?
Background Facts
On or about May 21, 2001,…
2Cases cited6 opinions
- Matter of Griffin v. . ThompsonNew York Court of Appeals · 1911
- In re the Claim of BenjaminAppellate Division of the Supreme Court of the State of New York · 1991
- Matter of Cosgrove v. CareyNew York Court of Appeals · 1938
- Reisig v. KirbyNew York Supreme Court · 1968
- In re the Claim of WeigandAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by1 opinion
- Silberzweig v. DohertyAppellate Division of the Supreme Court of the State of New York · 2010