- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Jan 24 2013 (Date Decided)
- Tom, J.P., Saxe, Moskowitz, Abdus-Salaam, Gische, JJ.
9061. IN RE KEENAN BRITT, pet-ap, v. CITY OF NEW YORK res-res — Glass Krakower LLP, New York (Bryan D. Glass of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Kathy H. Chang of counsel), for res — Judgment, Supreme Court, New York County (Alexander W. Hunter, Jr., J.), entered January 19, 2012, denying the petition seeking, among other things, to annul respondents' determination, effective on or about February 2, 2011, which terminated petitioner's probationary employment and declined to reinstate him to his prior permanent position, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously reversed, on the law, without costs, the judgment vacated, and the matter remanded for a hearing on the issue of whether petitioner effectively resigned from his permanent position.