Horowitz v. Roche

I concur that remand for a hearing is required in accordance with the principles stated in Matter of Delicati v Schechter (3 AD2d 19) to ascertain whether respondents’ refusal to appoint petitioner to the position of Senior Appraiser was arbitrary or capricious, or whether good and sufficient cause existed not to promote petitioner, the only person who had passed the civil service examination. However, I disagree with the implication in the majority’s memorandum which predicates remand upon the authority of Board of Regents v Roth (408 US 564) and Perry v Sindermann (408 US 593). Those cases…