In a proceeding pursuant to article 78 of the CPLR (1) to set aside petitioner’s resignation from a civil service eligible list for the position of patrolman in the employ of Nassau County and (2) to recertify and reinstate petitioner to the list, the appeal is from a judgment of the Supreme Court, Nassau County, dated May 10, 1972, which granted the petition. Judgment reversed, on the law, without costs, and proceeding remitted to the Special Term for a hearing and a new determination. In our opinion there is a question of fact as to whether petitioner was coerced into executing the form declining appointment to the Nassau County Police Department. A hearing should be held on this factual issue. (Cf. Matter of Cacchioli v. Hoberman, 31 N Y 2d 784.) Martuscello, Acting P. J., Latham, Shapiro, Christ and Benjamin, JJ., concur.
Catalano v. Frank
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1972-12-11
Citations: 40 A.D.2d 993, 1972 N.Y. App. Div. LEXIS 3144, 338 N.Y.S.2d 581
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