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Smithson v. Ilion Housing Authority

72 N.Y.2d 1034 Court N.Y. Decision date 1988-10-27 English

Contents

Majority

p. 1034
Robert Smithson, Appellant, v Ilion Housing Authority et al., Respondents. (And Two Additional Proceedings.)
Argued September 15, 1988;
decided October 27, 1988
p. 1035
APPEARANCES OF COUNSEL
Armond J. Festine and R. Richard Decatur for appellant.
James H. Huyck, III, for respondents.

OPINION OF THE COURT

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 NY2d 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 [2]; § 107; see, Matter of Sanna v Lindenhurst Bd. of Educ., 58 NY2d 626 ).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed, with costs, in a memorandum.

Cases cited

Statutes and regulations cited