Smith v. Hudacs

OPINION OF THE COURT

Joseph Harris, J.

Petitioner seeks judgment, pursuant to CPLR article 78, declaring null and void, as arbitrary and capricious, and in violation of due process, respondents’ determination to set off and recoup from petitioner’s lump-sum separation from service entitlement, monies alleged to have been overpaid petitioner due to his submission of allegedly fraudulent time sheets and remanding the matter back for a hearing before the respondents.

In support of the relief requested, the petitioner contends that the Office of General Services (hereinafter referred to as OGS)…