MATTER OF ALBURY v. NEW YORK CITY CIVIL SERV. COMM'N, DEP'T OF PERS.


32 A.D.2d 895 (1969)

In the Matter of Leon Albury, Respondent, v. New York City Civil Service Commission, Department of Personnel, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 1, 1969


Per Curiam.

The denial to the petitioner of a formal hearing with representation by counsel was not a denial of due process. A conditional or provisional employee is not entitled to a hearing upon disqualification if one is not provided for by statute. For that matter, even on dismissal from regular, nonprovisional, employment, no hearing is required unless a statute so provides. A State or municipality in suspending or discharging its employees is exercising...

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