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Lamagna v. New York State Ass'n for the Help of Retarded Children, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1994
205 A.D.2d 594 (N.Y. App. Div. 1994)

Opinion

June 13, 1994

Appeal from the Supreme Court, Nassau County (McCarty, J.).


Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff was denied his right to due process as a matter of law based upon his dismissal by the defendants without notice and opportunity to respond prior to his discharge, as required by 14 NYCRR 690.4 (see, Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 538; Matter of Prue v. Hunt, 78 N.Y.2d 364; McCreery v. Babylon Union Free School Dist., 827 F. Supp. 136, 138; 14 595 NYCRR 690.4 [c] [6] [iv]). We also agree with the Supreme Court that, under the circumstances of this case, the plaintiff was not required to exhaust the post-termination procedures provided by the defendants (see, Watergate II Apts. v. Buffalo Sewer Auth., 46 N.Y.2d 52, 57). Sullivan, J.P., Balletta, Joy and Friedmann, JJ., concur.


Summaries of

Lamagna v. New York State Ass'n for the Help of Retarded Children, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1994
205 A.D.2d 594 (N.Y. App. Div. 1994)
Case details for

Lamagna v. New York State Ass'n for the Help of Retarded Children, Inc.

Case Details

Full title:SAM A. LAMAGNA, Respondent, v. NEW YORK STATE ASSOCIATION FOR THE HELP OF…

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

Date published: Jun 13, 1994

Citations

205 A.D.2d 594 (N.Y. App. Div. 1994)
614 N.Y.S.2d 293

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