MATTER OF DEARMYER v. CLARK


71 A.D.2d 807 (1979)

In the Matter of David S. Dearmyer, Respondent, v. John V. Clark, as Personnel Commissioner of Erie County, et al., Appellants

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

July 6, 1979


Judgment unanimously affirmed, with costs.

Memorandum:

In this article 78 proceeding in the nature of mandamus the administrative body held no hearing to ascertain the accuracy of employment records in its determination of his civil service status prior to petitioner's dismissal. A triable issue of fact was raised as to whether there was a rational basis for the administrative action in failing to certify petitioner...

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