Monday, February 22, 2016

A petition to annul an agency's termination of employment.

Practice point:  The Appellate Division affirmed the denial of the Article 78 petition seeking to annul petitioner's employment. It is undisputed that petitioner failed to serve the notice of petition and petition upon the agency, as required by CPLR 307(2). The failure to properly effectuate service on, and acquire personal jurisdiction over, the agency warrants dismissal.

Student note:  The agency did not concede to the court's jurisdiction by seeking an adjournment, and the cross motion to dismiss the petition on jurisdictional grounds was properly brought prior to the time that the answer was required to be served, pursuant to CPLR 3211[a][8] and [e], and 320[b].

Case:  Matter of Crichlow v. NYS Off. of Mental Health, NY Slip Op 01050 (1st Dept. 2016)

Here is the decision.

Tomorrow's issue:  Respondeat superior.