HANCHARD v. FACILITIES DEV.


85 N.Y.2d 638 (1995)

651 N.E.2d 872

628 N.Y.S.2d 4

In the Matter of George Hanchard, Appellant, v. Facilities Development Corporation, Respondent.

Court of Appeals of the State of New York.

Decided May 4, 1995.


Attorney(s) appearing for the Case

Steven U. Teitelbaum, Albany, for appellant.

Dennis C. Vacco, Attorney-General, Albany (John McConnell, Jerry Boone and Peter H. Schiff of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS and LEVINE concur with Judge TITONE; Judge BELLACOSA dissents and votes to reverse in a separate opinion in which Judges SMITH and CIPARICK concur.


TITONE, J.

In this CPLR article 78 proceeding, petitioner claims that his termination from employment was arbitrary and capricious because respondent failed to follow its own pretermination procedures established in its Employee Handbook. Because respondent has substantially complied with its stated policies, and any departure therefrom is attributable to petitioner's own failure to cooperate, we affirm the Appellate...

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