New York Court of Appeals
In the Matter of Ernest L. Schwab, Appellant, Against John J. McElligott, as Commissioner of the Fire Department of…
March 5, 1940282 N.Y. 182
Summary
The New York Court of Appeals reversed the lower courts' dismissal of the lieutenant's Article 78 petition, holding that the fire commissioner's retirement order was not insulated from judicial review and was arbitrary and capricious. Accordingly, the petition may proceed and the respondents' motion to dismiss was denied.