Schwartzbaum v. Horn

The determination reassigning Harrison from warden level II, where he served as respondent’s chief of staff, to warden level I was not arbitrary or capricious, and was a rational exercise of discretion. Although Harrison was under investigation for possible wrongdoing in allegedly giving a Department of Correction (DOC) snowblower to a correction officer for his own use, the record evidence, including respondent’s testimony, establishes that Harrison’s reassignment was not a disciplinary punishment, which would implicate the procedural protections afforded by Civil Service Law § 75, but one…