SHIH v. THE WATERFRONT COMMISSION OF NEW YORK

4872, 106413/08.

83 A.D.3d 564 (2011)

922 N.Y.S.2d 36

CONRAD SHIH, Appellant, v. THE WATERFRONT COMMISSION OF NEW YORK, Respondent.

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

Decided April 21, 2011.


The determination that petitioner's position as an auditor was not within the definition of "permanent employee" under section IV (A) (1) (a) of the employees' manual, and that he was therefore not entitled to the due process protections of a pretermination hearing, was not arbitrary and capricious (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222

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