Salley v. Hempstead School Dist.

Decision Date16 June 1986
Citation504 N.Y.S.2d 30,121 A.D.2d 547
Parties, 33 Ed. Law Rep. 436 In the Matter of Victor G. SALLEY, Appellant, v. HEMPSTEAD SCHOOL DISTRICT, Respondent.
CourtNew York Supreme Court — Appellate Division

Richard M. Gaba, Garden City (Louis D. Stober, of counsel), for appellant.

Berkman, Henoch, Peterson, Kadin & Peddy, Garden City (Ronald Kadin, of counsel; Miriam R. Milgrom on brief), for respondent.



In a proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated July 19, 1984, which, after a hearing, terminated the petitioner's employment as a school custodian, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Roberto, J.), dated February 5, 1985, which dismissed the proceeding.

Appeal dismissed, without costs or disbursements, and judgment dated February 5, 1985, vacated.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

One of the issues raised in the petition was whether the respondent's determination was supported by substantial evidence, and the proceeding should therefore have been transferred to the Appellate Division for disposition (CPLR 7804[g] ). This court is empowered to treat the matter as if it had been properly transferred in the first instance. Hence, our review treats the matter as an original proceeding (see, Matter of Central Nyack Fire Dist. of Town of Clarkstown v. Valley Cottage

Fire Dist. of Town of Clarkstown, 101 A.D.2d 886, 475 N.Y.S.2d 807; Matter of O'Donnell v. Rozzi, 99 A.D.2d 494, 470 N.Y.S.2d 438; Matter of Rivera v. Beekman, 86 A.D.2d 1, 5), 448 N.Y.S.2d 492

There was substantial evidence to support the determination (see, 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 408 N.Y.S.2d 54, 379 N.E.2d 1183). Additionally, there is no merit to the petitioner's contention that the determination must be annulled by reason of the respondent's alleged failure to designate a hearing officer in writing (see, Civil Service Law § 75[2]; Matter of Wiggins v. Board of Educ., 60 N.Y.2d 385, 469 N.Y.S.2d 652, 457 N.E.2d 758). The written record of the adoption by the respondent of the resolution appointing the hearing officer in this matter fully satisfies that requirement.

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6 cases
  • Arthur v. Soares
    • United States
    • New York Supreme Court — Appellate Division
    • May 31, 2012
    ...1259–1260, 877 N.Y.S.2d 503 [2009],lv denied13 N.Y.3d 704, 2009 WL 2779386 [2009];see also Matter of Salley v. Hempstead School Dist., 121 A.D.2d 547, 548, 504 N.Y.S.2d 30 [1986] ); correspondence to the hearing officer that does not reference the official designation is insufficient, as is......
  • Tinter v. Bd. of Trs. of the Pound Ridge Library Dist.
    • United States
    • New York Supreme Court — Appellate Division
    • November 29, 2017
    ...Board of Educ. of Mohonasen Cent. School Dist., 61 A.D.3d 1259, 1259–1260, 877 N.Y.S.2d 503 ; Matter of Salley v. Hempstead School Dist., 121 A.D.2d 547, 548, 504 N.Y.S.2d 30 ; see also Matter of Ost v. Supervisor of Town of Woodstock, 251 A.D.2d 724, 726, 673 N.Y.S.2d 768 ).155 A.D.3d 1056......
  • Linz v. Sullivan
    • United States
    • New York Supreme Court — Appellate Division
    • May 22, 1989
    ... ... is vested in the Appellate Division (see, CPLR 7804[g]; Matter of Salley v. Hempstead School Dist., 121 ... A.D.2d 547, 504 N.Y.S.2d 30), and the ... ...
  • Matter of Scharf v. Levittown Sch. Dist., 01-03226
    • United States
    • New York Supreme Court — Appellate Division
    • May 20, 2002
    ...a written resolution adopted by the District's Board of Education incorporating the Notice of Charges by reference (see Salley v Hempstead School District, 121 A.D.2d 547). SANTUCCI, J.P., ALTMAN, McGINITY and ADAMS, JJ., ...
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