Legal Opinion

Leskow v. Office of Court Administration

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

Decided March 13, 1998PublishedCited by 6 opinions

1Opinion of the Court

—Judgment unanimously affirmed without costs. Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking judicial review of his termination as an at-will employee of respondent. Supreme Court properly granted respondent’s cross motion to dismiss the petition for failure to state a cause of action. There is a “very strong presumption” that respondent acted appropriately (Matter of Diaz v Goldman, 225 AD2d 344, 346),. and petitioner bore the burden of pleading and proving that respondent acted in bad faith (see, Matter of Thomas v Abate, 213 AD2d 251; Matter of D'Arpe v Brown, 197…

2Cases cited6 opinions

  1. Soto v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1991
  2. Thomas v. AbateAppellate Division of the Supreme Court of the State of New York · 1995
  3. Cortijo v. WardAppellate Division of the Supreme Court of the State of New York · 1990
  4. Whelan v. RozziAppellate Division of the Supreme Court of the State of New York · 1989
  5. Diaz v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1996

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Williams v. Commissioner of the Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1999
  2. Green v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1999
  3. Gulemi v. BradleyAppellate Division of the Supreme Court of the State of New York · 1999
  4. Bourne v. New York City Transit AuthorithyAppellate Division of the Supreme Court of the State of New York · 2000
  5. Negron v. JacksonAppellate Division of the Supreme Court of the State of New York · 2000

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API