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