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MATTER OF COHEN v. KOEHLER

82 N.Y.2d 882 (1993)

631 N.E.2d 113

609 N.Y.S.2d 171

In the Matter of Irwin Cohen, Respondent, v. Richard Koehler, as Commissioner of the Department of Correction of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1993.

Attorney(s) appearing for the Case

O. Peter Sherwood, Corporation Counsel of New York City (Fred Kolikoff and Larry A. Sonnenshein of counsel), for appellant.

Paul L. Dashefsky, Smithtown, for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur in memorandum.

MEMORANDUM.

The judgment of Supreme Court and the order of the Appellate Division brought up for review should be reversed, with costs, and the petition dismissed.

Petitioner, a probationary Correction Captain, could have been demoted to Correction Officer without a hearing unless he established that the demotion was for an improper reason or in bad faith (see, Matter of Johnson v Katz,

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