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MATTER OF BLACKBURNE (GOVERNOR'S OFF)

87 N.Y.2d 660 (1996)

664 N.E.2d 1222

642 N.Y.S.2d 160

In the Matter of the Arbitration between Elmer H. Blackburne et al., Appellants, and Governor's Office of Employee Relations et al., Respondents.

Court of Appeals of the State of New York.

Decided March 26, 1996.

Attorney(s) appearing for the Case

William P. Seamon, Albany, Richard E. Casagrande and Patricia Brown Koenig for appellants.

Dennis C. Vacco, Attorney-General, Albany (Peter G. Crary, Victoria A. Graffeo and Peter H. Schiff of counsel), for respondents.

Bernard F. Ashe, Albany, Rocco A. Solimando and Kevin H. Harren for New York State United Teachers, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

The Hatch Act, 5 USC § 1501 et seq., bars employees of any State agency that is "financed in whole or in part by loans or grants made by the United States or Federal agency" from running for elective office (5 USC § 1501 [4]; § 1502 [a] [3]). A violator is subject to discharge from employment (see, 5 USC § 1505 [2]; § 1506). If removal is warranted, the governmental...

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