Opinion
Decided February 15, 1983
Appeal from the Supreme Court, IRWIN M. SILBOWITZ, J.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Pamela Seider Dolgow of counsel), for appellants-respondents.
Joel M. Lutwin for respondent-appellant.
MEMORANDUM.
The judgment appealed from and the order of the Appellate Division brought up for review should be modified, with costs to appellants, by deleting the provision which adjudged that there is no basis for the charge that petitioner failed to co-operate with the evaluation committee's request for a meeting and service complaint log and that the charge of insubordination against the petitioner was unfounded, and, as so modified, affirmed.
Although the subject hearing has been held, and the issue of petitioner's entitlement to such hearing has therefore become moot, we retain jurisdiction of the appeal because the question is likely to affect a large number of cases on a continuing basis ( People v Fuller, 57 N.Y.2d 152, 156, n 2; Matter of Oliver v Postel, 30 N.Y.2d 171, 177-178; cf. Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714-718).
On the merits, review of the record establishes that, as a matter of law, the charges disseminated to the public did not in any way implicate petitioner's good name, reputation, honor or integrity. Therefore, the Appellate Division erred in granting petitioner a name-clearing hearing ( Board of Regents v Roth, 408 U.S. 564, 573).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), judgment appealed from and order of the Appellate Division brought up for review modified, with costs to appellants-respondents, in accordance with the memorandum herein and, as so modified, affirmed.