Albury v. New York City Civil Service Commission

The denial to the petitioner of a formal hearing with representation by counsel was not a denial of due process. A conditional or provisional employee is not entitled to a hearing upon disqualification if one is not provided for by statute. For that matter, even on dismissal from regular, nonprovisional, employment, no hearing is required unless a statute so provides. A State or municipality in suspending or discharging its employees is exercising an administrative function and “no notice of hearing is necessary unless specifically enjoined by statute” (Matter of Hecht v. Monaghan, 307 N. Y.…