Legal Opinion
Economico v. Village of Pelham
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 1979PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
O’Connor, J.
The primary question presented by this appeal is whether it was a denial of due process for the Village of Pelham to dismiss petitioner pursuant to section 73 of the Civil Service Law, without a hearing, after he had been continuously absent from his position for a period in excess of 18 months as a result of a nonservice related disability. A secondary issue is whether the collective bargaining agreement governing the employer-employee relationship between the parties barred petitioner’s dismissal. We hold that the failure to conduct a hearing was not a denial…
2Cases cited10 opinions
- Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
- Simpson v. WolanskyNew York Court of Appeals · 1975
- Cohoes City School District v. Cohoes Teachers Ass'nNew York Court of Appeals · 1976
- Kovarsky v. Housing & Development AdministrationNew York Court of Appeals · 1972
- Lane — Real Estate Department Store, Inc. v. Lawlet Corp.New York Court of Appeals · 1971
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3Cited by3 opinions
- Economico v. Village of PelhamNew York Court of Appeals · 1980
- Koeppel v. WachtlerAppellate Division of the Supreme Court of the State of New York · 1988
- Braunstein v. Board of Examiners of Nursing Home AdministratorsAppellate Division of the Supreme Court of the State of New York · 1982