MATTER OF PRUE v. HUNT


78 N.Y.2d 364 (1991)

In the Matter of Stanley G. Prue, Respondent-Appellant, v. Leigh Hunt, as Chief of Police of the City of Syracuse, Appellant-Respondent, et al., Respondent.

Court of Appeals of the State of New York.

Decided October 24, 1991.


Attorney(s) appearing for the Case

C. Frank Harrigan, Corporation Counsel (Marguerite A. Conan of counsel), for appellant-respondent.

Kevin F. McDonough for respondent-appellant.

Robert Abrams, Attorney-General (Peter G. Crary, O. Peter Sherwood and Peter H. Schiff of counsel), in his statutory capacity under Executive Law § 71.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.


HANCOCK, JR., J.

Section 73 of the Civil Service Law authorizes the termination and replacement of civil servants when they have been continuously absent from and unable to perform the duties of their position for one year or more by reason of a disability. The questions raised are whether the Federal Due Process Clause requires a hearing prior to termination under section 73 and, if so, what form that hearing...

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