No. 24-62

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

Lower Court: Second Circuit
Docketed: 2024-07-19
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law civil-procedure civil-rights due-process employment employment-law municipal-employment performance-evaluation state-law summary-discharge
Key Terms:
DueProcess
Latest Conference: 2024-09-30
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTIONS PRESENTED , 1. 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. : 2. 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. )

Docket Entries

2024-10-07
Petition DENIED.
2024-07-31
DISTRIBUTED for Conference of 9/30/2024.
2024-07-26
Waiver of New York, NY, et al. of right to respond submitted.
2024-07-26
Waiver of right of respondent New York, NY, et al. to respond filed.
2024-03-25
2024-01-05
Application (23A623) granted by Justice Sotomayor extending the time to file until March 25, 2024.
2023-12-15
Application (23A623) to extend the time to file a petition for a writ of certiorari from January 25, 2024 to March 25, 2024, submitted to Justice Sotomayor.

Attorneys

New York, NY, et al.
Janet Lyn ZaleonNew York City Law Department, Respondent
Yan Ping Xu
Yan Ping Xu — Petitioner