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MSSSV Obtains Favorable Appellate Decision on Article 78 Petition
In April of 2009, the Appellate Division, Second Department, agreed with MSSSV’s position asserted on behalf of the municipal respondents, thereby reversing the findings of the lower court and dismissing the petitioner’s Article 78 petition in its entirety. In sum, the appellate court found that the respondent Fire Council’s decision to terminate the petitioner’s membership in the Fire Department was not so disproportionate to the offense to shock one’s sense of fairness. In this regard, the appellate court agreed that the petitioner engaged in a willful course of conduct in which he failed to follow departmental policy and sought to cover up his actions by fabricating documents and deceiving his supervisor. Accordingly, the appellate court found that Article 78 petition seeking reinstatement of petitioner’s membership in the Fire Department warranted a dismissal on the merits. [More]

MSSSV Obtains Summary Judgment in Federal Discrimination and Retaliation Lawsuit
In February of 2009, Magistrate Judge William D. Wall of the United States District Court for the Eastern District of New York granted MSSSV’s summary judgment motion on behalf of the defendant Great Neck School District (the “District”), thereby dismissing plaintiff’s claims under both federal and state law. A copy of the Court’s 36 page decision may be found by clicking here. Plaintiff, a former janitor for the District, alleged violations of Title VII of the Civil Rights Act, the Americans with Disabilities Act (“ADA”), and New York State Executive Law § 296. Essentially, plaintiff argued that the District: 1) did not consider him for the position of Assistant Head Custodian; 2) permitted a hostile work environment to exist; and 3) denied his request for a reasonable accommodation relating to an alleged back injury. [More]