Miller v. New York State Department of Correctional Services

Mahoney, P. J., and Casey, J.,

dissent and vote to reverse in a memorandum by Casey, J. Casey, J. (dissenting). Although petitioner’s knowing and voluntary acceptance of the terms of the settlement agreement resulted in an express waiver of his right to pursue an administrative appeal under either the Civil Service Law or the collective bargaining agreement (see, Matter of Abramovich v Board of Educ., 46 NY2d 450, cert denied 444 US 845), we disagree with the majority’s conclusion that the petition fails to state a claim. Petitioner’s employment was terminated pursuant to an administrative…