Wood v. Cosgrove
Cases that cite this one
13 later published cases cite this decision. The 12 that cite it most often are listed here.
- Uddin v. NYC/Human Resources Administration (Appellate Division of the Supreme Court of New York 2011)
- Locurto v. Safir (2d Cir. 2001)
- Verri v. Nanna (District Court, S.D. New York 1998)
- Turner v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 1998)
- De Guzman v. State (Appellate Division of the Supreme Court of New York 2015)
- De Guzman v. State (Appellate Division of the Supreme Court of New York 2015)
- Lennox v. Tarrytown Volunteer Fire Department of Tarrytown (Appellate Division of the Supreme Court of New York 2008)
- Pasieka v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2006)
- Larkins v. Selsky (Appellate Division of the Supreme Court of New York 2005)
- Goldberg v. Goord (Appellate Division of the Supreme Court of New York 2005)
- Riley v. Goord (Appellate Division of the Supreme Court of New York 2000)
- Schindlar v. Incorporated Village of Lloyd Harbor (Appellate Division of the Supreme Court of New York 1999)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the respondents, dated January 4, 1995, which adopted the findings of a Hearing Officer which, after a hearing, found the petitioner guilty of two specifications of incompetence and demoted her from the position of head clerk, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Henry, J.), entered November 16, 1995, which dismissed the proceeding as barred by Civil Service Law § 76 (3).
Ordered that the judgment is affirmed, without costs or disbursements.
The Supreme Court properly dismissed the proceeding as barred under Civil Service Law § 76 (3) because the petitioner previously opted to pursue an administrative appeal of the determination to the Civil Service Commission (hereinafter Commission) (see, Civil Service Law § 76 [1]; Matter of McGirr v Division of Veterans Affairs, 43 NY2d 635, cert denied 439 US 826). In addition, the petitioner failed to establish that the Commission’s denial of her appeal as untimely 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 New York City Dept. of Envtl. Protection v New York City Civ. Serv. Commn., 78 NY2d 318, 323-324; see, Matter of Lemoine v New York City Tr. Auth., 227 AD2d 403; Civil Service Law § 76 [1]). Sullivan, J. P., Joy, Friedmann and Florio, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.