Miller v. Coughlin

OPINION OF THE COURT

Jasen, J.

In this article 78 proceeding, we are asked to decide whether petitioner was unlawfully dismissed from his employment in violation of procedural due process and in violation of the terms of the collective bargaining agreement between the union and the Department of Correctional Services.

Petitioner, a correction officer employed by the New York State Department of Correctional Services (Department) assigned to the Bedford Hills Correctional Facility, was served with a notice of discipline dated January 23, 1979 in which it was proposed that he be dismissed from…