Legal Opinion

Mathew v. Coler Goldwater Specialty Hospital & Nursing Facility

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

Decided February 26, 2013Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered February 16, 2012, dismissing this proceeding brought pursuant to CFLR article 78 seeking to, among other things, compel respondents to reinstate petitioner’s employment as a respiratory therapist, unanimously affirmed, without costs.

Respondents’ termination of petitioner’s employment was rational and was not arbitrary and capricious or contrary to law (see Matter of Arrocha v Board of Educ. of City of N.Y, 93 NY2d 361, 363 [1999]). At the time of the termination, petitioner did not have a valid active license as a…

2Cases cited3 opinions

  1. Arrocha v. Board of EducationNew York Court of Appeals · 1999
  2. Felix v. New York City Department of Citywide Administrative ServicesNew York Court of Appeals · 2004
  3. Moogan v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2004

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