Fogarty v. Connelie

A prior motion in this article 78 proceeding was made by the respondent, the Superintendent of the New York State Police, to dismiss the petition in point of law prior to service of an answer. At that time the court (Mr. Justice Cobb) decided that the failure of the petitioner to attend a disciplinary hearing on August 11, 1976 did not ipso facto waive his right to the disciplinary hearing to which he was entitled as a permanently ranked sergeant and, therefore, the dismissal motion was denied. Subsequently, the respondent answered the petition and now moves before me for summary judgment and…