Harder v. New York State Department of Environmental Conservation

Appellate Division of the Supreme Court of New York

Harder v. New York State Department of Environmental Conservation

60 A.D.2d 664, 400 N.Y.S.2d 212, 1977 N.Y. App. Div. LEXIS 14675

Appellate Division of the Supreme Court of the State of New York·Decided December 1, 1977·Published·Cited by 1 cases

Opinion

Appeal from a judgment of the Supreme Court at Special Term, entered October 29, 1976 in Albany County, which dismissed petitioner’s article 78 proceeding. The petitioner was suspended from his employment with the Department of Environmental Conservation without pay for a period of 30 days pending a hearing on charges of misconduct pursuant to section 75 of the Civil Service Law. While the petitioner does not dispute the fact that the statute provides for such a suspension, he contends that it is unconstitutional as being a penalty in advance of a hearing. In the case of Matter of Meliti v Nyquist (41 NY2d 183, 187), the Court of Appeals expressly found no constitutional impediment to a suspension from public employment without pay pending the disposition of charges and affirmed such a suspension. Accordingly, the judgment must be affirmed. Judgment affirmed, without costs. Greenblott, J. P., Kane, Mahoney, Mikoll and Herlihy, JJ., concur.

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Appeal from a judgment of the Supreme Court at Special Term, entered October 29, 1976 in Albany County, which dismissed petitioner’s article 78 proceeding. The petitioner was suspended from his employment with the Department of Environmental Conservation without pay for a period of 30 days pending a hearing on charges of misconduct pursuant to section 75 of the Civil Service Law. While the petitioner does not dispute the fact that the statute provides for such a suspension, he contends that it is unconstitutional as being a penalty in advance of a hearing. In the case of Matter of Meliti v Nyquist (41 NY2d 183, 187), the Court of Appeals expressly found no constitutional impediment to a suspension from public employment without pay pending the disposition of charges and affirmed such a suspension. Accordingly, the judgment must be affirmed. Judgment affirmed, without costs. Greenblott, J. P., Kane, Mahoney, Mikoll and Herlihy, JJ., concur.

Harder v. New York State Department of Environmental Conservation, 60 A.D.2d 664, 400 N.Y.S.2d 212, 1977 N.Y. App. Div. LEXIS 14675 (N.Y. Ct. App. 1977).

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60 A.D.2d 664 (Harder v. New York State Department of Environmental Conservation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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