Legal Opinion
Salling v. Koch
New York Supreme Court
Decided September 14, 1982PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
David B. Saxe, J.
The principal issue that I must resolve in the context of this proceeding brought pursuant to CPLR article 78 is as follows: May a municipality recoup overpayments made to its employees through paycheck wage deductions without first affording the workers a right to a hearing? The petitioners, for the most part, employees of New York City’s Department of Health, contend that such a procedure contravenes their constitutionally protected due process rights. The city contends that it does not. I concur with the city’s position.
The facts are as follows:…
2Cases cited6 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Goldberg v. KellySupreme Court of the United States · 1970
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Goss v. LopezSupreme Court of the United States · 1975
- Feinberg v. Board of EducationNew York Supreme Court · 1973
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Leirer v. CaputoAppellate Division of the Supreme Court of the State of New York · 1992
- Leirer v. CaputoAppellate Division of the Supreme Court of the State of New York · 1992