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O'NEILL v. NEW YORK UNIV.

651322/10, 6586.

97 A.D.3d 199 (2012)

944 N.Y.S.2d 503

2012 NY Slip Op 3570

DAVID O'NEILL, Appellant, v. NEW YORK UNIVERSITY et al., Respondents.

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

May 8, 2012.

Attorney(s) appearing for the Case

Vladeck, Waldman, Elias & Engelhard, P.C., New York City ( Debra L. Raskin and Liane T. Rice of counsel), for appellant.

Seyfarth Shaw LLP, New York City ( Edward Cerasia II and Aaron Warshaw of counsel), for respondents.

ANDRIAS, J.P., SWEENY, RENWICK and FREEDMAN, JJ., concur with MOSKOWITZ, J.

OPINION OF THE COURT

MOSKOWITZ, J.

In this appeal, plaintiff-petitioner, a research scientist, alleges that he reported suspected research misconduct of a colleague to his superiors who, in turn, fired him in retaliation. The motion court denied his petition to vacate respondents' termination of his employment and dismissed this hybrid plenary action and CPLR article 78 proceeding pursuant to CPLR 3211(a)(1) and (7). We unanimously reverse to reinstate the...

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