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Matter of Geoghegan v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1995
213 A.D.2d 716 (N.Y. App. Div. 1995)

Opinion

March 29, 1995

Appeal from the Supreme Court, Kings County (Ramirez, J.).


Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.

The petitioner was discharged from his provisional employment on August 19, 1992. Accordingly, this CPLR article 78 proceeding, which was commenced on April 12, 1993, is time-barred (see, CPLR 217). In any event, as a provisional civil service employee, the petitioner was not entitled to a hearing or a statement of reasons for his discharge (see, Civil Service Law § 75; Matter of Preddice v. Callanan, 69 N.Y.2d 812, 814; Matter of Iritano v New York City Tr. Auth., 175 A.D.2d 918, 919; Matter of Romero v. Joseph, 169 A.D.2d 544; Hartley v. Human Resources Admin., 132 A.D.2d 699). Contrary to the petitioner's contention, Civil Service Law § 50 (4), which governs examinations and eligibility lists, has no application here. Rosenblatt, J.P., Miller, Lawrence and Florio, JJ., concur.


Summaries of

Matter of Geoghegan v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1995
213 A.D.2d 716 (N.Y. App. Div. 1995)
Case details for

Matter of Geoghegan v. Rivera

Case Details

Full title:In the Matter of VINCENT GEOGHEGAN, Respondent, v. CARLOS M. RIVERA…

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

Date published: Mar 29, 1995

Citations

213 A.D.2d 716 (N.Y. App. Div. 1995)
624 N.Y.S.2d 958

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