Smith v. New York State Department of Labor

OPINION OF THE COURT

James B. Canfield, J.

Petitioner seeks a declaration that respondents violated Civil Service Law § 72 by failing to hold a Civil Service Law § 72 (1) hearing, failing to provide petitioner with “written notice and explanations” and providing allegedly “inaccurate and misleading writings” to petitioner. Notwithstanding the absence of an administrative determination that her Civil Service Law § 72 (5) removal was improper or an application to return to work *196pursuant to Civil Service Law § 72 (2), petitioner also seeks an order reinstating her to the payroll, restoring all of…