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MATTER OF SMITH v. HUDACS

158 Misc.2d 149 (1993)

599 N.Y.S.2d 902

In the Matter of Boice M. Smith, Petitioner, v. John F. Hudacs, as Commissioner of New York State Office of General Services, et al., Respondents.

Supreme Court, Albany County.

April 29, 1993

Attorney(s) appearing for the Case

Nancy E. Hoffman, Albany (Robert T. DeCataldo of counsel), for petitioner. Robert Abrams, Attorney-General, Albany (Amy Schallop of counsel), for respondents.

JOSEPH HARRIS, J.

Petitioner seeks judgment, pursuant to CPLR article 78, declaring null and void, as arbitrary and capricious, and in violation of due process, respondents' determination to set off and recoup from petitioner's lump-sum separation from service entitlement, monies alleged to have been overpaid petitioner due to his submission of allegedly fraudulent time sheets and remanding the matter back...

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