CARSON v. NEW YORK CITY DEPARTMENT OF SANITATION


271 A.D.2d 380 (2000)

707 N.Y.S.2d 93

CALVIN CARSON, Appellant, v. NEW YORK CITY DEPARTMENT OF SANITATION et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 27, 2000.


Petitioner's action for breach of contract and promissory estoppel was properly converted into a proceeding pursuant to CPLR article 78, since the complaint filed by petitioner effectively sought petitioner's reinstatement to his former position as a DOS employee, and respondents had the statutory and regulatory authority to issue a final and binding determination with respect to this employment (cf., Abiele Contr. v New York City School Constr. Auth.,

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