MATTER OF ELLIS v. Mahon
Cases that cite this one
19 later published cases cite this decision.
- Matter of Birch v. County of Madison (Appellate Division of the Supreme Court of New York 2014)
- Matter of P & I Prop., LLC v. Commissioner, State of N.Y., Div. of Hous. & Community Renewal (DHCR) (New York Supreme Court, New York County 2024)
- Matter of Tenemille v. Town of Ramapo (Appellate Division of the Supreme Court of New York 2020)
- Matter of Clapp v. Fiala (Appellate Division of the Supreme Court of New York 2018)
- Ottley v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2013)
- Ottley v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2013)
- Rabidou v. County of Dutchess (Appellate Division of the Supreme Court of New York 2012)
- Simpson v. New York State Office of Children & Family Services (Appellate Division of the Supreme Court of New York 2012)
- Manz v. County of Suffolk (Appellate Division of the Supreme Court of New York 2012)
- Gibson v. Board of Education (Appellate Division of the Supreme Court of New York 2012)
- Gibson v. Board of Education (Appellate Division of the Supreme Court of New York 2012)
- Idahosa v. Farmingdale State College (Appellate Division of the Supreme Court of New York 2012)
- Idahosa v. Farmingdale State College (Appellate Division of the Supreme Court of New York 2012)
- Barthel v. Town of Huntington (Appellate Division of the Supreme Court of New York 2012)
- Barthel v. Town of Huntington (Appellate Division of the Supreme Court of New York 2012)
- Roth v. Manhasset Union Free School District (Appellate Division of the Supreme Court of New York 2009)
- Thomas v. County of Rockland (Appellate Division of the Supreme Court of New York 2008)
- Lewis v. Lipsman (Appellate Division of the Supreme Court of New York 2008)
- in Matter of Florence Huth v. John Barr (Appellate Division of the Supreme Court of New York 2008)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the petition dismissed in its entirety.
Petitioner, employed as an eligibility examiner tasked with processing food stamp applications, consistently processed such applications in particularly late fashion, even after multiple warnings concerning her poor performance. Accordingly, we cannot conclude that the penalty of termination shocks the judicial conscience (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 233-234 [1974]). We reiterate that the Appellate Division has no discretionary authority or interest of justice jurisdiction in this CPLR article 78 proceeding to review the penalty imposed by respondent Commissioner of the Westchester County Department of Social Services (see Matter of Torrance v Stout, 9 NY3d 1022, 1023 [2008]; Matter of Rutkunas v Stout, 8 NY3d 897, 899 [2007]).
Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.
*756 On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.