Ferrine v. Bahou

Casey, J. (dissenting).

I respectfully dissent. I cannot agree that the petitioner was not afforded an opportunity to submit facts in opposition to his disqualification, as the majority has held. The petitioner admittedly received a copy of a letter dated July 7, 1978 from the municipal civil service commission notifying the board of police commissioners that petitioner had to be terminated by reason of being over age at the time of his appointment, in violation of section 58 (subd 1, par [a]) of the Civil Service Law. Conceding that the letter did did not specifically state that the…