Lamagna v. New York State Ass'n for the Help of Retarded Children, Inc.

In an action to recover damages for wrongful termination of employment, the defendants appeal from an order of the Supreme Court, Nassau County (McCarty, J.), dated July 23, 1992, which granted the plaintiff’s motion for summary judgment as to liability with respect to the second cause of action in the complaint.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff was denied his right to due process as a matter of law based upon his dismissal by the defendants without notice and opportunity to respond prior to his discharge, as required by 14 NYCRR…