MTR OF SWANNO v. AMBACH


108 Misc.2d 142 (1981)

In the Matter of Raymond R. Swanno, Petitioner, v. Gordon M. Ambach, as Commissioner of the New York State Education Department, et al., Respondents.

Supreme Court, Special Term, Albany County.

March 9, 1981


Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning, P. C. (William F. Sheehan of counsel), for petitioner. Robert Abrams, Attorney-General (Lawrence L. Doolittle of counsel), for respondents.


HAROLD J. HUGHES, J.

In this proceeding petitioner challenges his "below expected level" performance evaluation as arbitrary and capricious and asserts that the administrative appeal process for reviewing performance evaluations violates his constitutional rights to due process and equal protection because it does not provide for right to counsel and a full adversary hearing.

Petitioner is an associate vocational rehabilitation counselor in charge...

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