31 N.Y.2d 772 | NY | 1972
Memorandum. The procedures outlined by the board of trustees in its letter of November 6, 1970 affording petitioners an opportunity to present evidence are proper and sufficient. In the procedures so formulated we find implicit the additional and essential right of petitioners to be advised of the evidence against them and of the board of trustees ’ final determination, in such form as to permit adequate judicial review. Petitioners’ reliance upon Goldberg v. Kelly (397 U. S. 254) is mistaken. There, the court dealt with the ' ‘ desperate ’ ’ situation of an “ eligible ” welfare recipient (emphasis as in original) whose
The order of the Appellate Division should be modified, without costs, and the matter remitted to the Fire Department Pension Board of Trustees for further proceedings in accordance with this memorandum.
Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson concur. Chief Judge Fuld dissents and votes to affirm on the opinion at the Appellate Division.
Order modified, without costs, and the matter remitted to Special Term for further proceedings in accordance with the memorandum herein and, as so modified, affirmed.