Free Newsletter
Fourth Department — Article 78: Norton v. City of Hornell
Daily Record Staff//April 3, 2014//
Appellate Division, Fourth Department
Timeliness — Accrual
Norton v. City of Hornell
CA 13-01523
Appealed from Supreme Court, Steuben County
Background: The petitioner commenced an article 78 proceeding seeking to compel the respondents to reinstate him to the police department with back pay because his resignation was obtained by duress. He appealed from the dismissal of his petitioner.
Ruling: The Appellate Division affirmed. The court held that his petition was untimely. The petitioner’s right to demand reinstatement to his position arose when he received a letter from the district attorney stating that he bore no civil or criminal responsibility for the acts of misconduct alleged against him. The petitioner did not demand reinstatement until six months later.
Jeffrey A. Daily of Akin Gump Strauss Hauer & Feld for the petitioner-appellant; Gerard E. O’Connor of Lippman O’Connor for the respondents-respondents
Related Articles
Case Digests
- Second Circuit – First Amendment: Real Estate Board of New York Inc. v. The City of New York
- Fourth Department – Juvenile offender: People v. Kameron P.
- Second Circuit – Anticompetitive policy: Cumulus Media New Holdings Inc. v. The Nielsen Co. (US) LLC
- Fourth Department – Aggravated harassment: People v. O’Neill
- Second Circuit – Convention Against Torture: Aguilar-Villalobos v. Blanche
- Second Circuit – Mandatory arbitration: 1199 SEIU United Healthcare Workers East v. PSC Community Services
- Second Circuit – Anti-Injunction Act: Mutual Fund Opt-Out Plaintiffs v. Calamari
- Fourth Department – Premises liability: Polisoto v. St. Gregory The Great Roman Catholic Church
- Fourth Department – Highway design: Montes v. City of Rochester, et al.
- Fourth Department – Child custody: Brenda L. M. v. James R. K.
- Fourth Department – Noncustodial parent visitation: Jones v. Serna
Law News
- Telesca Center for Justice gets $90,000 in state funding
- Trevett Cristo P.C. celebrates 100th anniversary
- NY appeals court affirms weapon conviction rejecting illegal stop claims
- Nursing home worker accused of stealing from residents
- Erie County Jail inmate lawsuit to move forward
- The Daily Record honors 130 attorneys with 2026 Power Lists for Law
- The Daily Record presents the 2026 Real Estate Law Power List
- The Daily Record presents the 2026 Trusts and Estates Power List
Polls
Loading ...