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