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SMITH v. CAREY

No. 76 Civ. 767 (CHT).

473 F.Supp. 268 (1979)

Edward SMITH, Plaintiff, v. Hugh CAREY, Individually and as Governor of the State of New York, Benjamin Ward, Individually and as Commissioner of Correctional Services of the State of New York, Security Unit Employees Council 82, American Federation of State, County and Municipal Employees, AFL-CIO, Donald Wollett, Individually and as Director of Employee Relations of the State of New York, John Burns, Individually and as Director, Bureau of Labor Relations, Department of Correctional Services of the State of New York, Henry Bankhead, Individually and as Director of Personnel, Department of Correctional Services, State of New York, John Van De Car, Individually and as Director of Manpower and Employee Relations, Department of Correctional Services, State of New York, Defendants.

United States District Court, S. D. New York.

July 10, 1979.

Attorney(s) appearing for the Case

Harlem Assertion of Rights, Inc., New York City, for plaintiff; James N. Finney, Dwight W. Loines, New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for New York State defendants; Lillian Z. Cohen, Asst. Atty. Gen., New York City, of counsel.

Rowley & Forrest, Albany, N. Y., for Union; Richard R. Rowley, Albany, N. Y., of counsel.

OPINION

TENNEY, District Judge.

Edward Smith, a black man, was suspended and subsequently dismissed from his tenured job as a New York State Corrections Officer assigned to Green Haven Correctional Facility in Stormville, New York. His employer, the New York State Department of Correctional Services ("DCS") imposed the suspension on April 16, 1975, pursuant to Article 8.4A(2) of an agreement ("Collective Bargaining Agreement") between it and the plaintiff...

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