Drakeford v. Bd. of Educ., 242 A.D.2d 627 (N.Y. App. Div. 1997). · Go Syfert
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Drakeford v. Bd. of Educ., 242 A.D.2d 627 (N.Y. App. Div. 1997). Cases Citing This Book View Copy Cite
11 citation events (8 in the last 25 years) across 3 distinct courts.
Strongest positive: Analisa Salon, Ltd. v. Elide Properties, LLC (nyappdiv, 2017-08-23)
Top citers, strongest first. 3 distinct citers.
discussed Cited as authority (rule) Analisa Salon, Ltd. v. Elide Properties, LLC
N.Y. App. Div. · 2017 · confidence medium
This lien is created by operation of law and does not require notice to bring it into existence (see Matter of City of New York [United States of Am. —Coblentz], 5 NY2d 300, 307 [1959]), and it attaches at the time the action is commenced (see Matter of Cohen v Grainger, Tesoriero & Bell, 81 NY2d 655, 657 [1993]; Tangredi v Warsop, 110 AD3d at 788 ; Matter of Dresner v State of New York, 242 AD2d 627, 628 [1997]).
discussed Cited as authority (rule) In re City of New York
N.Y. Sup. Ct. · 2005 · confidence medium
LMWT Realty, 85 NY2d at 465 ; Matter of Herlihy, 274 App Div 342 [1948]; Matter of Dresner v State of New York, 242 AD2d at 628; cf. NYCTL 1996-1 Trust v Weber, 292 AD2d 576 [2002] [since the appellant’s services did not create the fund upon which the plaintiffs’ tax liens attached, equitable principles did not require that the charging lien take precedence]).
discussed Cited as authority (rule) NYCTL 1996-1 Trust v. Weber
N.Y. App. Div. · 2002 · confidence medium
Furthermore, since the appellant’s services did not create the fund upon which the plaintiffs’ tax liens attached, equitable principles do not require that the charging lien take precedence (but see LMWT Realty Corp. v Davis Agency, supra; Matter of Dresner v State of New York, supra at 628).
In the Matter of Luther Drakeford
v.
Board of Education of the City of New York
Appellate Division of the Supreme Court of the State of New York.
Sep 22, 1997.
242 A.D.2d 627
Cited by 5 opinions  |  Published

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education of the City of New York, dated December 20, 1995, which adopted the findings and recommendation of an Administrative Law Judge, made after a hearing, finding the petitioner guilty of certain enumerated charges and terminated his employment as a school custodian.

Adjudged that the petition is granted to the extent that the penalty is annulled and is otherwise denied, without costs or disbursements, and the matter is remitted to the respondent for the imposition of a penalty not to exceed suspension for a period of two years.

The determination of the Administrative Law Judge to sustain, in part, specification I and specification II against the petitioner was supported by substantial evidence (see, CPLR 7803 [4]; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176). However, we find that under all the circumstances the penalty of dismissal was so disproportionate to the offenses committed as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222), especially in light of the petitioner’s prior satisfactory ratings by his immediate supervisor. Accordingly, the matter is remitted to the respondent Board of Education of the City of New York for the imposition of a penalty not to exceed the suspension of the petitioner from his position as a school custodian for a period of two years. Joy, J. P., Goldstein, Florio and McGinity, JJ., concur.