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MATTER OF MESCHINO v. LOWERY

31 N.Y.2d 772 (1972)

In the Matter of Anthony J. Meschino et al., Respondents, v. Robert O. Lowery, as Fire Commissioner of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 2, 1972.

Attorney(s) appearing for the Case

Norman Redlich, Corporation Counsel (Eric J. Byrne and Stanley Buchsbaum of counsel), for appellants.

Murray A. Gordon, P. C., for respondents.

Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur. Chief Judge FULD dissents and votes to affirm on the opinion at the Appellate Division.

MEMORANDUM.

The procedures outlined by the board of trustees in its letter of November 6, 1970 affording petitioners an opportunity to present evidence are proper and sufficient. In the procedures so formulated we find implicit the additional and essential right of petitioners to be advised of the evidence against them and of the board of trustees' final determination, in such form as to permit adequate judicial review. Petitioners...

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