From Casetext: Smarter Legal Research

Matter of Reden v. Nassau County Civil Serv

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1987
133 A.D.2d 694 (N.Y. App. Div. 1987)

Opinion

October 13, 1987

Appeal from the Supreme Court, Nassau County (Lockman, J.).


Ordered that the judgment is affirmed, with costs.

The statements contained in a pleading must be sufficiently particular to give the court and parties notice of the transactions or occurrences to be proved and must support the material elements of the cause of action (see, DiMauro v Metropolitan Suburban Bus Auth., 105 A.D.2d 236, 239). The instant petition failed to include all the essential facts necessary to give such notice or to support its conclusory allegations. Moreover, to maintain a petition in the nature of mandamus, the petitioner must have a clear right to the relief requested (see, Matter of Jahn v. Town of Patterson, 23 A.D.2d 688). As an individual on a preferred list, the petitioner has no clear right to the reemployment she seeks (see, Matter of Hartley v. Human Resources Admin., 132 A.D.2d 699). Special Term, therefore, acted properly in dismissing the petition. Mangano, J.P., Bracken, Brown and Niehoff, JJ., concur.


Summaries of

Matter of Reden v. Nassau County Civil Serv

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1987
133 A.D.2d 694 (N.Y. App. Div. 1987)
Case details for

Matter of Reden v. Nassau County Civil Serv

Case Details

Full title:In the Matter of MILDRED REDEN, Appellant, v. NASSAU COUNTY CIVIL SERVICE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 13, 1987

Citations

133 A.D.2d 694 (N.Y. App. Div. 1987)

Citing Cases

Stanley Agency, Inc. v. Behind the Bench, Inc.

Here, the only "incidents" identified with respect to such general averments of fraudulent conduct and…