Brown v. Moses

Under subdivision 1 of section 22 of the Civil Service Law, a civil service employee who is a veteran cannot be removed from his position except for incompetency or misconduct “ shown after a hearing upon due notice upon stated charges, and with the right to such employee or appointee to review pursuant to article seventy-eight of the civil practice act.” Formal charges were brought against petitioner, who is a veteran, for insubordination and a hearing was had upon such charges. In those charges, petitioner was notified as follows: “ If you are found guilty of the above charges, you will be…