From Casetext: Smarter Legal Research

Matter of Smith v. Chambers

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1969
32 A.D.2d 949 (N.Y. App. Div. 1969)

Opinion

July 7, 1969


In a proceeding pursuant to article 78 of the CPLR to annul a notice terminating petitioner's employment as Senior Library Clerk at the Nassau Community College, the appeal is from a judgment of the Supreme Court, Nassau County, entered June 23, 1967, upon a jury verdict, which annulled the notice of termination and directed petitioner's reinstatement to her position. (Petitioner's cross appeal from a portion of the judgment is deemed withdrawn, in accordance with the request to such effect in her brief, without costs.) Judgment reversed, on the law, without costs; petition dismissed; and determination confirmed. The findings of fact below have not been affirmed. The petition, answer and affidavits submitted demonstrate that the dismissal of this probationary employee by the appointing officer was not arbitrary or capricious, but was in good faith. The issue should not have been submitted to a jury trial for determination ( Matter of Voll v. Helbing, 256 App. Div. 44, app. dsmd. 294 N.Y. 653; Matter of Croft v. McGinnis, 24 Misc.2d 235). Brennan, Acting P.J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.


Summaries of

Matter of Smith v. Chambers

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1969
32 A.D.2d 949 (N.Y. App. Div. 1969)
Case details for

Matter of Smith v. Chambers

Case Details

Full title:In the Matter of RITA SMITH, Respondent-Appellant, v. GEORGE F. CHAMBERS…

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

Date published: Jul 7, 1969

Citations

32 A.D.2d 949 (N.Y. App. Div. 1969)
303 N.Y.S.2d 722

Citing Cases

King v. Sapier

With those contentions we agree. The rule has been long established and repeatedly stated that the employment…

Matter of Starr v. Meisser

( Matter of McEneny v. McKee, 236 App. Div. 140, affd. 262 N.Y. 494.) Petitioner had no right to tenure in…