Leskow v. Office of Court Administration
Appellate Division of the Supreme Court of the State of New York
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
- Soto v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1991
- Thomas v. AbateAppellate Division of the Supreme Court of the State of New York · 1995
- Cortijo v. WardAppellate Division of the Supreme Court of the State of New York · 1990
- Whelan v. RozziAppellate Division of the Supreme Court of the State of New York · 1989
- 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
- Williams v. Commissioner of the Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1999
- Green v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1999
- Gulemi v. BradleyAppellate Division of the Supreme Court of the State of New York · 1999
- Bourne v. New York City Transit AuthorithyAppellate Division of the Supreme Court of the State of New York · 2000
- 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.