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MATTER OF HURWITZ v. PERALES

81 N.Y.2d 182 (1993)

In the Matter of Nadine Hurwitz, Respondent, v. Cesar A. Perales, Individually and as Commissioner of the New York State Department of Social Services, et al., Appellants.

Court of Appeals of the State of New York.

Decided April 29, 1993.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, New York City (Robert J. Schack and Jerry Boone of counsel), for appellants.

Gordon, Gordon & Tepper, P. C., New York City (Kenneth E. Gordon of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE and BELLACOSA concur; Judge SMITH taking no part.

HANCOCK, JR., J.

The issue in this case is whether the pretermination opportunity to be heard afforded petitioner comported with the requirements of due process. In Matter of Prue v Hunt (78 N.Y.2d 364), we held that in the context of termination from civil service employment under Civil Service Law § 73, due process requires notice and "some opportunity to respond...

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