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MTR OF MILLER v. COUGHLIN

59 N.Y.2d 490 (1983)

In the Matter of Joseph Miller, Respondent, v. Thomas A. Coughlin, III, as Commissioner of the New York State Department of Correctional Services, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 12, 1983.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Arlene Silverman and Peter H. Schiff of counsel), for appellants.

Howard J. Gardner and David B. Lubash for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, MEYER and SIMONS concur.

JASEN, J.

In this article 78 proceeding, we are asked to decide whether petitioner was unlawfully dismissed from his employment in violation of procedural due process and in violation of the terms of the collective bargaining agreement between the union and the Department of Correctional Services.

Petitioner, a correction officer employed by the New York State Department of Correctional Services (Department...

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