Vega v. Department of Correctional Services

Appeal from a judgment of the Supreme Court (Duskas, J.), entered July 10, 1991 in St. Lawrence County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents terminating petitioner’s employment as a correction officer.

Petitioner contends that respondents’ dismissal of her from her position as a correction officer was arbitrary and capricious and in violation of Executive Law §§ 291 and 296, which prohibit the discharge of an employee due to that employee’s marital status. A review of the notice of discipline, however,…