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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 1, 1977

StatusPublished

Cited by1 cases

This text of 60 A.D.2d 664 (Harder v. New York State Department of Environmental Conservation) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

Pincite

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.

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Bluebook (online)

60 A.D.2d 664, 400 N.Y.S.2d 212, 1977 N.Y. App. Div. LEXIS 14675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harder-v-new-york-state-department-of-environmental-conservation-nyappdiv-1977.

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