Manzi v. Kaplan

In an article 78 proceeding to set aside a determination made by the State Civil Service Commission affirming a determination of the Acting Director of Pilgrim State Hospital suspending the petitioner, without pay, for alleged misconduct, the respondents move to dismiss the petition on the ground of legal insufficiency. (See Civ. Prac. Act, § 1293; Matter of Schwab v. McElligott, 282 N. Y. 182.)

The petition in substance alleges that Joseph Manzi was a competitive employee of the State of New York with permanent status and held the position of staff attendant at Pilgrim State Hospital. He was…