Legal Opinion
Prue v. Hunt
New York Court of Appeals
Decided October 24, 1991PublishedCited by 41 opinions
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
Section 73 of the Civil Service Law authorizes the termination and replacement of civil servants when they have been continuously absent from and unable to perform the duties of their position for one year or more by reason of a disability. The questions raised are whether the Federal Due Process Clause requires a hearing prior to termination under section 73 and, if so, what form that hearing must take. In light of Cleveland Bd. of Educ. v Loudermill (470 US 532), we hold that the section 73 discharge in this case must be accompanied by pretermination…
2Cases cited7 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
- Goldberg v. KellySupreme Court of the United States · 1970
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- Economico v. Village of PelhamNew York Court of Appeals · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Oneida Indian Nation v. Madison CountyCourt of Appeals for the Second Circuit · 2011
- Uniform Firefighters of Cohoes v. City of CohoesNew York Court of Appeals · 2000
- Beck-Nichols v. BiancoNew York Court of Appeals · 2013
- Hurwitz v. PeralesNew York Court of Appeals · 1993
- Prue v. City of SyracuseCourt of Appeals for the Second Circuit · 1994
36 more not listed; retrieve them via the Exa API.