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Allen Patterson v. City of New York, New York, et al.

Paid petition · Appellate Division, Supreme Court of New York, First Judicial Department, No. 100451/17 · judgment July 5, 2019


Certiorari denied · October 3, 2022
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Is it legal for a government agency in the United States of America to convert an already accepted immediate voluntary resignation into a termina­ tion for misconduct 34 days later, when prior they declared that the employee ended its employer to employee relationship and no longer works for the agency?

  2. Is it legal for a government agency to lie that an employee is on a leave of absence to solely obtain and adopt a penalty recommendation from the Administrative Law Judge, when prior, the agency acknowledged, confirmed, and showed the em­ ployee’s accepted, agency timestamped immediate resignation to the ALJ and stated that a penalty recommendation is now officially moot?

  3. Does a quasi-judicial tribunal, such as a Civil Ser­ vice Commission, have jurisdiction regarding a dispute of a resignation?

  4. If the NY high court precedent was never changed or challenged and the lower courts didn’t adhere to the binding ruling, should it be mandatory for the NY high court to hear the case if the lower court didn’t follow precedent?

  5. Did Patterson’s accepted immediate resignation bring finality to his employment with the New York City Administration for Children’s Service?

  6. NY statute 4 NYCRR 5.3(b) states that only the appointing authority can disregard a resignation while misconduct charges are pending if the em­ ployee submits a resignation prior to prosecution

Counsel of record

For petitioner
Allen Patterson

For respondent
Jane L. Gordon
New York City Law Department

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Aug 10 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Aug 08 2022
    Waiver of right of respondents City of New York, City of New York Civil Service Commission, and Nancy G. Chaffetz, Chair, to respond filed.
  4. Jan 20 2021
    Petition for a writ of certiorari filed. (Response due August 26, 2022)