Standing to challenge the appointing authority's decision finalizing a disciplinary action taken against an employee

Certain residents and taxpayers of the Village [Plaintiffs] commenced a CPLR Article 78 proceeding seeking a court order annulling a resolution adopted by the Village's Board of Trustees [Board] approving, by a three-to-two vote, a modified disciplinary settlement agreement entered into by the Village and an employee of the Village.The Plaintiffs, among other things, alleged that the Board's action violated the Village's Code of Ethics as one of the Board members who voted in favor of the resolution was the employee's brother-in-law. The Village and the employee separately moved to dismiss the Plaintiffs' Article 78 petition on various grounds, including lack of standing.Supreme Court granted those branches of the separate motions of the Village and the employee seeking to dismiss the proceeding for lack of standing, thus denying the petition and dismissing the proceeding. The Plaintiffs appealed.The Appellate Division said it agreed with the lower…

Read more detail on Recent Administrative Law posts –

This entry was posted in Administrative law and tagged , , , , , , , , , , . Bookmark the permalink.

Leave a Reply