Barhite v. Dyson

Appeal from a judgment of the Supreme Court at Special Term, entered May 3, 1977 in Albany County, which dismissed petitioner’s application in a proceeding pursuant to CPLR article 78. The petitioner Barhite was employed by the respondent Department of Commerce as Business Consultant, a permanent competitive Civil Service position. In December, 1976, he received a notice from the department charging him with four separate instances of misconduct, one of which was his refusal to submit to a psychiatric examination ordered by the department pursuant to section 72 of the Civil Service Law. The…