pre-termination hearing (New York) · Go Syfert
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pre-termination hearing in New York

6 New York opinions name it 2 courts 1975–2009 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Uniform Firefighters of Cohoes v. City of Cohoesgreen
ny · 2000 · cited in 1 New York opinions naming this issue, 2009–2009
1 sentence

2009In determining the extent of process which is due in any specific situation, the court must consider and weigh the nature of the private interest affected, the risk of error under the challenged procedures compared with that of alternative procedures and the interests of the government (see Mathews v Eldridge, 424 US 319, 335 [1976]; Matter of Uniform Firefighters of Co-hoes, Local 2562, IAFF, AFL-CIO v City of Cohoes, 94 NY2d 686, 691 [2000]).

11
Mathews v. Eldridgegreen
scotus · 1976 · cited in 1 New York opinions naming this issue, 2009–2009
1 sentence

2009In determining the extent of process which is due in any specific situation, the court must consider and weigh the nature of the private interest affected, the risk of error under the challenged procedures compared with that of alternative procedures and the interests of the government (see Mathews v Eldridge, 424 US 319, 335 [1976]; Matter of Uniform Firefighters of Co-hoes, Local 2562, IAFF, AFL-CIO v City of Cohoes, 94 NY2d 686, 691 [2000]).

11
Mandelkern v. City of Buffalogreen
nyappdiv · 1978 · cited in 1 New York opinions naming this issue, 2007–2007
1 sentence

2007Servs., 3 NY3d 498, 505-506 [2004]; see also Mandelkern v City of Buffalo, 64 AD2d 279, 281-282 [1978]).

11
Felix v. New York City Department of Citywide Administrative Servicesgreen
ny · 2004 · cited in 1 New York opinions naming this issue, 2007–2007
2 sentences

2007Servs., 3 NY3d 498, 505-506 [2004]; see also Mandelkern v City of Buffalo, 64 AD2d 279, 281-282 [1978]).

2007Servs., supra).

11
MATTER OF SWINTON v. Safirgreen
ny · 1999 · cited in 1 New York opinions naming this issue, 2005–2005
1 sentence

2005At any time during the probationary period, a probationary employee may be terminated without a pre-termination hearing and without a statement of reasons (see Matter of Swinton v Safir, 93 NY2d 758, 762-763 [1999]; Matter of York v McGuire, 63 NY2d 760 [1984]; Matter of Rossetti-Boerner v Hampton Bays Union Free School Dist., 1 AD3d 367 , 368 [2003]; Matter of Garypie v Incorporated Vil. of Sag Harbor, 158 AD2d 598, 599 [1990]; Matter of Caminiti v New York City Tr.

11
Garypie v. Inc. Village of Sag Harborgreen
nyappdiv · 1990 · cited in 1 New York opinions naming this issue, 2005–2005
1 sentence

2005At any time during the probationary period, a probationary employee may be terminated without a pre-termination hearing and without a statement of reasons (see Matter of Swinton v Safir, 93 NY2d 758, 762-763 [1999]; Matter of York v McGuire, 63 NY2d 760 [1984]; Matter of Rossetti-Boerner v Hampton Bays Union Free School Dist., 1 AD3d 367 , 368 [2003]; Matter of Garypie v Incorporated Vil. of Sag Harbor, 158 AD2d 598, 599 [1990]; Matter of Caminiti v New York City Tr.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
York v. McGuire green
ny · 1984
1 sentence

2005At any time during the probationary period, a probationary employee may be terminated without a pre-termination hearing and without a statement of reasons (see Matter of Swinton v Safir, 93 NY2d 758, 762-763 [1999]; Matter of York v McGuire, 63 NY2d 760 [1984]; Matter of Rossetti-Boerner v Hampton Bays Union Free School Dist., 1 AD3d 367 , 368 [2003]; Matter of Garypie v Incorporated Vil. of Sag Harbor, 158 AD2d 598, 599 [1990]; Matter of Caminiti v New York City Tr.

12005–2005
MATTER OF BERGAMINI v. Manhattan & Bronx Surface Transit Operating Auth. green
ny · 1984
1 sentence

1993Operating Auth., 62 NY2d 897, 899 ).

11993–1993
Breed v. Insurance Co. of North America green
ny · 1978
1 sentence

1991Upon review of, inter alia, the hearing testimony and the documentary evidence, we find that it was not the parties’ intent to afford confidential employees such as Leon pre-termination hearing rights (see, Breed v Insurance Co., 46 NY2d 351, 355 ; see also, State of New York v Home Indem.

11991–1991
Batchelder v. Kenton green
cacd · 1974
1 sentence

1975Counsel can help delineate the issues, present the factual contentions in an orderly manner, conduct cross-examination, and generally ¡safeguard the interest ¡of the recipient.” Mr. Justice Brenkait, concurring in the result on Morrissey v. Brewer, 408 U. S. 471 , supra) took issue with the statement of the majority that it did not then reach or decide the question whether the parolee is entitled to..the assistance ¡of retained counsel or to appointed counsel if he is indigent, said (p. 491): " Goldberg v. Kelly * * * nonetheless plainly dictates that he at least£ must be ¡allowed to retain ¡a

11975–1975
Morrissey v. Brewer green
scotus · 1972
1 sentence

1975Counsel can help delineate the issues, present the factual contentions in an orderly manner, conduct cross-examination, and generally ¡safeguard the interest ¡of the recipient.” Mr. Justice Brenkait, concurring in the result on Morrissey v. Brewer, 408 U. S. 471 , supra) took issue with the statement of the majority that it did not then reach or decide the question whether the parolee is entitled to..the assistance ¡of retained counsel or to appointed counsel if he is indigent, said (p. 491): " Goldberg v. Kelly * * * nonetheless plainly dictates that he at least£ must be ¡allowed to retain ¡a

11975–1975

Where else courts name it

PA 44 (1976–2025) LA 37 (1982–2025) AK 12 (1993–2026) OH 11 (1985–2022) RI 11 (1980–2023) MD 10 (1982–2020) CA 10 (1986–2024) NM 10 (1997–2017) WV 8 (1994–2017) TN 7 (2008–2021) AZ 7 (1977–2007) OR 6 (1976–2015) AL 6 (1979–2016) NY 6 (1975–2009) GA 6 (1979–2017) ID 5 (1986–2023) VT 5 (1974–2015) MO 5 (1984–2023) FL 5 (1980–2008) ND 5 (2002–2019) MS 4 (2003–2021) MA 4 (1970–2024) OK 4 (1986–2014) DE 3 (1974–2015) IN 3 (1980–2011) WI 3 (1983–2024) UT 3 (2001–2020) MI 3 (1971–2025) SD 3 (2000–2001) CO 3 (1984–1994) KY 3 (2012–2024) VA 2 (2014–2018) NH 2 (2015–2023) MT 2 (1994–1994) WY 2 (1986–2007) NV 2 (1978–2005) TX 2 (1988–1989) DC 2 (2014–2024) MN 2 (1984–1986) WA 2 (1985–1986)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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