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Matter of Turner v. New York City Tr. Auth

Appellate Division of the Supreme Court of New York, Second Department
Jul 20, 1998
252 A.D.2d 558 (N.Y. App. Div. 1998)

Opinion

July 20, 1998

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


Ordered that the judgment is affirmed, with one bill of costs.

Because the petitioner opted to pursue an administrative appeal of the determination of the New York City Transit Authority. (hereinafter the NYCTA) to the respondent City Civil Service Commission (hereinafter the Commission), the Supreme Court properly dismissed the proceeding insofar as asserted against the NYCTA as barred by Civil Service Law § 76 Civ. Serv. (see, Civil Service Law § 76 Civ. Serv. [1], [3]; Matter of Wood v. Cosgrove, 237 A.D.2d 616).

The Supreme Court also correctly dismissed the instant proceeding insofar as it sought review of the Commission's decision affirming the NYCTA's determination. The petitioner failed to establish that the Commission's decision "was `in violation of the Constitution or of the laws of this State', or that the Commission `acted illegally, unconstitutionally, or in excess of its jurisdiction'" (Matter of Wood v. Cosgrove, supra, at 616, quoting Matter of New York City Dept. of Envtl. Protection v. New York City Civ. Serv. Commn., 78 N.Y.2d 318, 323-324).

O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.


Summaries of

Matter of Turner v. New York City Tr. Auth

Appellate Division of the Supreme Court of New York, Second Department
Jul 20, 1998
252 A.D.2d 558 (N.Y. App. Div. 1998)
Case details for

Matter of Turner v. New York City Tr. Auth

Case Details

Full title:In the Matter of SYLVIA TURNER, Appellant, v. NEW YORK CITY TRANSIT…

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

Date published: Jul 20, 1998

Citations

252 A.D.2d 558 (N.Y. App. Div. 1998)
675 N.Y.S.2d 887

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