SCHWARTZBAUM v. HORN


49 A.D.3d 324 (2008)

852 N.Y.S.2d 136

SIDNEY J. SCHWARTZBAUM, as President of the Assistant Deputy Wardens/Deputy Wardens Association, on Behalf of Assistant Deputy Warden DARRYL HARRISON and All Those Similarly Situated, Appellant, v. MARTIN F. HORN, as Commissioner of the Department of Correction of the City of New York, Respondent.

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

Decided March 11, 2008.


The determination reassigning Harrison from warden level II, where he served as respondent's chief of staff, to warden level I was not arbitrary or capricious, and was a rational exercise of discretion. Although Harrison was under investigation for possible wrongdoing in allegedly giving a Department of Correction (DOC) snowblower to a correction officer for his own use, the record evidence, including respondent's testimony, establishes that Harrison's reassignment was not...

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