VLACK v. TERNULLO


53 N.Y.2d 1003 (1981)

Byron Van Vlack, Jr., et al., Respondents, v. Vito Ternullo, as Director of Fishkill Correctional Facility, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 4, 1981.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (John Q. Driscoll and Shirley Adelson Siegel of counsel), for appellants.

Michael J. Smith for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The judgment of the Appellate Division should be reversed, with costs, and the determination of the hearing officer reinstated.

While there was evidence that some civilian employees were threatened with violence if they crossed the correction officers' picket lines, there was also testimony that some had crossed the lines without incident. There was no testimony of any actual violence or injuries on the...

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