SALLING v. KOCH


115 Misc.2d 514 (1982)

Barbara Salling et al., Petitioners, v. Edward I. Koch, as Mayor of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

September 14, 1982


Attorney(s) appearing for the Case

Beverly Gross and Charmaine Henderson for petitioners. Frederick A. O. Schwarz, Jr., Corporation Counsel (John C. Brennan and Debra Jaret of counsel), for respondents.


DAVID B. SAXE, J.

The principal issue that I must resolve in the context of this proceeding brought pursuant to CPLR article 78 is as follows: May a municipality recoup overpayments made to its employees through paycheck wage deductions without first affording the workers a right to a hearing? The petitioners, for the most part, employees of New York City's Department of Health, contend that such a procedure contravenes their constitutionally protected...

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