BUSCHMANN v. SANDY HOOK PILOTS' ASSN.


46 A.D.2d 391 (1975)

In the Matter of Robert Buschmann, Appellant, v. United New York Sandy Hook Pilots' Association et al., Respondents

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

January 6, 1975.


Attorney(s) appearing for the Case

Rains, Pogrebin & Scher (Harry H. Rains and Frederick D. Braid of counsel), for appellant.

Kelley Drye Warren Clark Carr & Ellis (Frederick T. Shea and Ned H. Bassen of counsel), for United New York Sandy Hook Pilots' Association, respondent.

Bigham, Englar, Jones & Houston (Donald M. Waesche, Jr., of counsel), for Board of Commissioners of Pilots, respondent.

SHAPIRO, J., dissents and votes to reverse the judgment and to remand the proceeding to Special Term for a full evidentiary hearing, with an opinion, in which HOPKINS, Acting P. J., concurs.


CHRIST, J.

This appeal requires us to consider the validity of the petitioner's dismissal from employment, in the light of claimed statutory safeguards and procedural due process protections.

The petitioner has been seeking a career as a harbor pilot in the New York Sandy Hook pilot service. To this end, in January, 1970 he enrolled in a training program which has been referred to in the record as a ...

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