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
Latest Conference: 2024-09-30
Question Presented (from Petition)

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.

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

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