MATTER OF RODRIGUEZ v. CITY OF YONKERS


279 A.D.2d 632 (2001)

719 N.Y.S.2d 872

In the Matter of FRANK RODRIGUEZ, Appellant, v. CITY OF YONKERS et al., Respondents.

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

Decided January 29, 2001.


Ordered that the judgment is affirmed, with costs.

"[T]he gravamen of the [petitioner's] claim, that he was fired by the city without notice of the charges, a hearing, or other due process, presents the classic formulation of an article 78 proceeding and `whether the determination was made in violation of lawful procedure, was affected by error of law or was arbitrary, capricious or an abuse of discretion' (CPLR 7803 [3])" (Foster v City of New York,

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