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Smithson v. Ilion Housing Authority

Court of Appeals of the State of New York
Oct 27, 1988
72 N.Y.2d 1034 (N.Y. 1988)

Opinion

Argued September 15, 1988

Decided October 27, 1988

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, John R. Tenney, J.

Armond J. Festine and R. Richard Decatur for appellant.

James H. Huyck, III, for respondents.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division correctly determined that petitioner — an employee terminable at will — failed to show that his employment was terminated for a constitutionally impermissible reason (see, Murphy v American Home Prods. Corp., 58 N.Y.2d 293, 305). Nor did the Appellate Division abuse its discretion in concluding that violation of the Open Meetings Law, in the circumstances presented, did not require the annulment of the Board's determination dismissing petitioner from his employment (Public Officers Law § 106; § 107; see, Matter of Sanna v Lindenhurst Bd. of Educ., 58 N.Y.2d 626).

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Order affirmed, with costs, in a memorandum.


Summaries of

Smithson v. Ilion Housing Authority

Court of Appeals of the State of New York
Oct 27, 1988
72 N.Y.2d 1034 (N.Y. 1988)
Case details for

Smithson v. Ilion Housing Authority

Case Details

Full title:ROBERT SMITHSON, Appellant, v. ILION HOUSING AUTHORITY et al.…

Court:Court of Appeals of the State of New York

Date published: Oct 27, 1988

Citations

72 N.Y.2d 1034 (N.Y. 1988)
534 N.Y.S.2d 930
531 N.E.2d 651

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