Allen Patterson v. City of New York, New York, et al.
AdministrativeLaw
Is it legal for a government agency to convert an accepted voluntary resignation into a termination for misconduct?
QUESTIONS PRESENTED FOR REVIEW 1. Is it legal for a government agency in the United | States of America to convert an already accepted immediate voluntary resignation into a termination 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 employee’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 Service Commission, have jurisdiction regarding a dispute of a resignation? 4. Ifthe 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 employee submits a resignation prior to prosecution | | ii QUESTIONS PRESENTED FOR REVIEW . — Continued of those misconduct charges; if Patterson’s ac| cepted resignation occurred after prosecution for | misconduct did the NY lower courts err in their | , respective decision that Patterson resigned while | charges were pending? . | 7. When NY State statutes are not equally enforced, several compelling evidence in the record and common law cases are overlooked, and there are multiple clear errors of law in the NY lower court’s decision, would it be in the interest of justice for the state’s court of last resort to accept the case or } in the alternative, send it back to the lower court , to re-argue and address the multiple errors and correct the matter to show impartiality after a party showed overwhelming irrefutable errors | with the decision? | |