Legal Opinion

Matter of Stanziale v. Executive Dep't, Office of Gen. Servs.

New York Court of Appeals

Decided November 24, 1981PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

There is no dispute but that petitioner was a nontenured employee of the Office of General Services at the time of his termination. Because of his nontenured status, in the absence of petitioner’s demonstration that the termination was for constitutionally impermissible reasons or prohibited by statute or policies established by decisional law, OGS was free to effect the termination without reasons and without a hearing (Matter of Holbrook v State Ins. Fund, 54 NY2d 892; James v Board of Educ.,…

2Cases cited3 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. James v. Board of EducationNew York Court of Appeals · 1975
  3. MATTER OF HOLBROOK v. State Ins. FundNew York Court of Appeals · 1981

3Cited by15 opinions

  1. York v. McGuireNew York Court of Appeals · 1984
  2. MATTER OF BERGAMINI v. Manhattan & Bronx Surface Transit Operating Auth.New York Court of Appeals · 1984
  3. Meyers v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
  4. Bykofsky v. HessAppellate Division of the Supreme Court of the State of New York · 1985
  5. Vaillancourt v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1989

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