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SILBERZWEIG v. DOHERTY

23 Misc.3d 618 (2009)

873 N.Y.S.2d 461

MATTHEW SILBERZWEIG, Petitioner, v. JOHN J. DOHERTY, as Commissioner of the Department of Sanitation of the City of New York, et al., Respondents.

Supreme Court, New York County.

Decided February 2, 2009.

Attorney(s) appearing for the Case

Kirschner & Cohen, P.C., Great Neck (Allen Cohen of counsel), for petitioner.

Michael A. Cardozo, Corporation Counsel, New York City (Rebecca R. Hirschklau of counsel), for respondents.

OPINION OF THE COURT

ALICE SCHLESINGER, J.

This CPLR article 78 proceeding commenced by Matthew Silberzweig, a former employee of the Department of Sanitation, against the Sanitation Commissioner presents an interesting question: Was it arbitrary and capricious and/or an abuse of discretion for the Commissioner to deny Silberzweig's application for reinstatement to employment, when Silberzweig was discharged based...

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