Scales v. Maxwell

Judgment unanimously modified in accordance with memorandum insofar as it requires that departmental hearings should follow, and, as modified, affirmed, without costs. Memorandum: After petitioner’s acquittal on criminal charges of endangering the welfare of an incompetent person, the respondent, Acting Director of the Rome State School, preferred administrative disciplinary charges against him pursuant to section 75 of the Civil Service Law. Thereafter, petitioner brought this article 78 proceeding to challenge the propriety of those charges and to prohibit respondent from conducting a…