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MATTER OF HARDER v. NEW YORK STATE DEP'T OF ENVTL. CONSERVATION

60 A.D.2d 664 (1977)

In the Matter of Robert L. Harder, Appellant, v. New York State Department of Environmental Conservation, Respondent

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

December 1, 1977

The petitioner was suspended from his employment with the Department of Environmental Conservation without pay for a period of 30 days pending a hearing on charges of misconduct pursuant to section 75 of the Civil Service Law. While the petitioner does not dispute the fact that the statute provides for such a suspension, he contends that it is unconstitutional as being a penalty in advance of a hearing. In the case of Matter of Meliti v Nyquist (41...

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