Stoker v. Tarentino

*996OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be modified to annul the administrator’s disciplinary action of September 29, 1980, direct expungement from petitioner’s personnel records of the charge of patient neglect on which that action was based, and remit the matter for computation of the wages and benefits of which petitioner was deprived by the administrator’s action and, as so modified, should be affirmed, with costs to petitioner.

Respondents’ contention that petitioner waived article 78 review pursuant to Civil Service Law § 76 (1), and the right to a…