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LAMAGNA v. NEW YORK STATE ASS'N FOR THE HELP OF RETARDED CHILDREN, INC.

205 A.D.2d 594 (1994)

614 N.Y.S.2d 293

Sam A. Lamagna, Respondent, v. New York State Association for the Help of Retarded Children, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 13, 1994

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff was denied his right to due process as a matter of law based upon his dismissal by the defendants without notice and opportunity to respond prior to his discharge, as required by 14 NYCRR 690.4 (see, Cleveland Bd. of Educ. v Loudermill, 470 U.S. 532, 538; Matter of Prue v Hunt, 78 N.Y.2d 364

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