Matter of Kapetanos v City of New York

Matter of Kapetanos v City of New York 2007 NY Slip Op 01364 [37 AD3d 279] February 15, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 11, 2007

In the Matter of Christopher Kapetanos et al., Appellants,
v
City of New York et al., Respondents.

—[*1] Kreisberg & Maitland, LLP, New York (Jeffrey L. Kreisberg of counsel), for appellants. Michael A. Cardozo, Corporation Counsel, New York (Alan Beckoff of counsel), for respondents.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered September 27, 2005, which denied the petition challenging respondents' determination not to extend the duration of a 2000 eligible list for the civil service position of associate fraud investigator, unanimously affirmed, without costs.

Petitioners' bare and conclusory allegations were insufficient to sustain the petition seeking to overturn the administrative determination as arbitrary, even as against a pre-answer motion to dismiss for failure to state a cause of action (cf. Matter of Niagara Mohawk Power Corp. v State of New York, 300 AD2d 949, 952-953 [2002]). Moreover, petitioners do not plead, even in conclusory fashion, that the "restriction" allegedly giving rise to respondents' discretion to extend the eligibility list was "attributable to a financial emergency" (see Civil Service Law § 56 [1]). Concur—Mazzarelli, J.P., Andrias, Friedman, Sweeny and Kavanagh, JJ.