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Kapetanos v. N.Y

Appellate Division of the Supreme Court of New York, First Department
Feb 15, 2007
37 A.D.3d 279 (N.Y. App. Div. 2007)

Summary

holding that “bare and conclusory allegations [are] insufficient” to sustain a cause of action

Summary of this case from Holloway v. Ernst & Young LLP

Opinion

No. 235.

February 15, 2007.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered September 27, 2005, which denied the petition challenging respondents' determination not to extend the duration of a 2000 eligible list for the civil service position of associate fraud investigator, unanimously affirmed, without costs.

Kreisberg Maitland, LLP, New York (Jeffrey L. Kreisberg of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York (Alan Beckoff of counsel), for respondents.

Before: Mazzarelli, J.P., Andrias, Friedman, Sweeny and Kavanagh, JJ.


Petitioners' bare and conclusory allegations were insufficient to sustain the petition seeking to overturn the administrative determination as arbitrary, even as against a pre-answer motion to dismiss for failure to state a cause of action ( cf. Matter of Niagara Mohawk Power Corp. v State of New York, 300 AD2d 949, 952-953). Moreover, petitioners do not plead, even in conclusory fashion, that the "restriction" allegedly giving rise to respondents' discretion to extend the eligibility list was "attributable to a financial emergency" ( see Civil Service Law § 56).


Summaries of

Kapetanos v. N.Y

Appellate Division of the Supreme Court of New York, First Department
Feb 15, 2007
37 A.D.3d 279 (N.Y. App. Div. 2007)

holding that “bare and conclusory allegations [are] insufficient” to sustain a cause of action

Summary of this case from Holloway v. Ernst & Young LLP
Case details for

Kapetanos v. N.Y

Case Details

Full title:In re Matter of CHRISTOPHER KAPETANOS et al., Appellants, v. CITY OF NEW…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 15, 2007

Citations

37 A.D.3d 279 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 1364
831 N.Y.S.2d 38

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