IN RE: Christopher KAPETANOS (2007)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Christopher KAPETANOS, et al., Petitioners-Appellants, v. CITY OF NEW YORK, et al., Respondents-Respondents.

Decided: February 15, 2007

MAZZARELLI, J.P., ANDRIAS, FRIEDMAN, SWEENY, KAVANAGH, JJ.

Kreisberg & Maitland, LLP, New York (Jeffrey L. Kreisberg of counsel), for appellants. Michael A. Cardozo, Corporation Counsel, New York (Alan Beckoff of counsel), for respondents.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered September 27, 2005, which denied the petition challenging respondents' determination not to extend the duration of a 2000 eligible list for the civil service position of Associate Fraud Investigator, unanimously affirmed, without costs.

Petitioners' bare and conclusory allegations were insufficient to sustain the petition seeking to overturn the administrative determination as arbitrary, even as against a pre-answer motion to dismiss for failure to state a cause of action (cf. Matter of Niagara Mohawk Power Corp. v. State of New York, 300 A.D.2d 949, 952-953, 753 N.Y.S.2d 541 [2002] ). Moreover, petitioners do not plead, even in conclusory fashion, that the “restriction” allegedly giving rise to respondents' discretion to extend the eligibility list was “attributable to a financial emergency” (see Civil Service Law § 56[1] ).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network