From Casetext: Smarter Legal Research

Kleinman v. Ambach

Appellate Division of the Supreme Court of New York, Third Department
Nov 26, 1975
50 A.D.2d 689 (N.Y. App. Div. 1975)

Opinion

November 26, 1975


Appeal, by permission, from an order of the Supreme Court at Special Term, entered December 3, 1974 in Albany County, which denied petitioner's application, in a proceeding pursuant to CPLR article 78, unless at a fact-finding hearing he is able to show that his dismissal from employment by respondent, board of education, was the result of his exercise of his constitutional rights. The petitioner has formally waived his right to the fact-finding hearing. We affirm upon the decision of Mr. Justice Hughes at Special Term and would note that the petitioner's contention that he has a contractual right to a hearing is not supported by any reasonable construction of a contract between the public employer and the petitioner's bargaining representative. Order affirmed, without costs. Herlihy, P.J., Greenblott, Koreman, Main and Reynolds, JJ., concur.


Summaries of

Kleinman v. Ambach

Appellate Division of the Supreme Court of New York, Third Department
Nov 26, 1975
50 A.D.2d 689 (N.Y. App. Div. 1975)
Case details for

Kleinman v. Ambach

Case Details

Full title:MARVIN KLEINMAN, Appellant, v. GORDON M. AMBACH, as Acting Commissioner of…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 26, 1975

Citations

50 A.D.2d 689 (N.Y. App. Div. 1975)