NURENBERG v. WARD


84 Misc.2d 80 (1975)

Joseph Nurenberg, Petitioner, v. Benjamin Ward, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

Supreme Court, Dutchess County.

November 18, 1975


Attorney(s) appearing for the Case

Noel Tepper for petitioner. Louis J. Lefkowitz, Attorney-General (David L. Birch of counsel), for respondents. Patrick Fish for Benjamin Ward, respondent.


JOHN W. SWEENY, J.

This is a CPLR article 78 proceeding in which petitioner seeks a judgment declaring respondents' action terminating his employment without a hearing illegal.

Petitioner is a 72-year-old psychiatrist (title — Psychiatrist II) employed at the Fishkill Correctional Facility since November, 1973. By letter dated March 26, 1975, the New York Department of Civil Service approved petitioner's retention in service in his present...

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