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Thomas v. Condon

Supreme Court, Appellate Division, First Department, New York.
May 29, 2014
117 A.D.3d 641 (N.Y. App. Div. 2014)

Opinion

2014-05-29

In re Michael P. THOMAS, Petitioner–Appellant, v. Richard J. CONDON, etc., et al., Respondents–Respondents.

Hagan, Coury & Associates, Brooklyn (Paul Golden of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Kathy H. Chang of counsel), for respondents.


Hagan, Coury & Associates, Brooklyn (Paul Golden of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Kathy H. Chang of counsel), for respondents.

Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered July 25, 2013, which denied the petition brought pursuant to CPLR article 78 seeking to annul the determination of respondent Richard J. Condon, Special Commissioner of Investigation for the New York City School District, dated November 29, 2011, that petitioner was not a whistleblower pursuant to the Administrative Code of the City of New York § 12–113, and dismissed the proceeding, unanimously affirmed, without costs.

The matter is not moot, despite petitioner's retirement, because he alleges that he lost in excess of $27,000 in stipends from a fellowship program as a result of respondents' adverse personnel actions, in violation of Administrative Code § 12–113.

However, we find that the court properly determined that petitioner's pre–May 3, 2008 complaints were not reported by him to the appropriate officials, pursuant to Administrative Code § 12–113(a)(6). Moreover, respondent's determination that petitioner's post–May 3, 2008 complaints did not result in adverse personnel actions was rational and neither arbitrary nor capricious, in that the filing of an inaccurate report of misconduct against an employee is not an adverse personnel action, and petitioner's temporary reassignment resulted from earlier sustained charges of misconduct ( see Administrative Code § 12–113[a][1] ). TOM, J.P., MOSKOWITZ, DeGRASSE, RICHTER, KAPNICK, JJ., concur.


Summaries of

Thomas v. Condon

Supreme Court, Appellate Division, First Department, New York.
May 29, 2014
117 A.D.3d 641 (N.Y. App. Div. 2014)
Case details for

Thomas v. Condon

Case Details

Full title:In re Michael P. THOMAS, Petitioner–Appellant, v. Richard J. CONDON, etc.…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: May 29, 2014

Citations

117 A.D.3d 641 (N.Y. App. Div. 2014)
2014 N.Y. Slip Op. 3921
986 N.Y.S.2d 332