No. 19-911

Ivon Castro v. Dina Simon, Individually and in Her Official Capacity as Deputy Commissioner, et al.

Lower Court: Second Circuit
Docketed: 2020-01-22
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law administrative-procedure civil-service civil-service-law disciplinary-proceeding due-process employment-termination fourteenth-amendment probationary-period
Key Terms:
DueProcess
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Whether the Second Circuit's holding that Ms. Castro's termination was based entirely on allegations of job-related misconduct is consistent with the rule set by the New York Court of Appeals in Matter of Wiggins v. Board of Educ. and the due process clause of the Fourteenth Amendment

Question Presented (OCR Extract)

question presented is whether the Second Circuit’s holding that Ms. Castro’s “termination was a ; based entirely on allegations of job-related misconduct,” is consistent with the rule set. by the . New York Court of Appeals in Matter of Wiggins v. . Board of Educ., 60 N.Y.2d 385, 388-89 (1983), and the due process clause of the Fourteenth Amendment : to the U.S. Constitution? : ii New York Courts have consistently held that a competitive class civil service employee has lawfully : _ achieved tenure in their position where that employee satisfactorily completed the minimum . period of probationary service set forth in a County’s rules promulgated under Civil Service Law Section ‘ : 63, and where that employee was not given notice that the minimum period of probationary service would continue to the maximum period of ‘ probationary service set forth in the County Rule. Ms. Castro satisfactorily completed the prescribed . two-month minimum period of probationary service. set forth in the Personnel Rules and Regulations of . the City of New York (55 RCNY,

Docket Entries

2020-03-23
Petition DENIED.
2020-03-04
DISTRIBUTED for Conference of 3/20/2020.
2020-01-28
Waiver of right of respondents Dina Simon, individually and as Deputy Commissioner, and the City of New York to respond filed.
2020-01-15
Petition for a writ of certiorari filed. (Response due February 21, 2020)

Attorneys

Dina Simon, individually and as Deputy Commissioner, and the City of New York
Barbara Graves-PollerNew York City Law Department, Respondent
Barbara Graves-PollerNew York City Law Department, Respondent
Ivon Castro
Ivon Castro — Petitioner
Ivon Castro — Petitioner