Yan Ping Xu v. City of New York, New York, et al.

Whether a permanent employee who has served for less than five years in the noncompetitive class in the City of New York could be summarily discharged on the ground of an evaluation of alleged negative performance provided after the termination without due process.

Whether petitioner’s request for the certified question regarding the above question to the New York Court of Appeals is properly denied. As an alternative, petitioner respectfully requests that this Court certify the above question. LIST OF PARTIES The petitioner in this case is Yan Ping Xu, M.S., pro se plaintiff-appellant. The respondents are New York City, the New York City Department of Health and Mental Hygiene, and Brenda M. McIntyre, defendants-appellees.