65 A.D.2d 663 | N.Y. App. Div. | 1978
Appeal from a judgment of the Supreme Court at Special Term, entered April 6, 1977 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the New York State Civil Service Commission terminating petitioner from his civil service position. The issue presented by this appeal is whether petitioner was deprived of his constitutional rights when he was terminated from his permanent public service position without a hearing. On the application which petitioner submitted to take a civil service examination for the position of Psychologist II in the State civil service, he responded "no” to the question "Were you ever dismissed or discharged from any employment for reasons other than lack of work or funds or have you ever resigned in lieu of charges?” He also stated in that application that the reason he left two prior public service positions at the Willard State Hospital and the New York City Department of Correction was "study programs”. Petitioner was certified as eligible for appointment and was appointed from the eligible list to the position of Psychologist II at the Wassaic Developmental Center, effective July 3, 1975. After completion of his probationary period, he received a permanent appointment to that position in August of 1975. Following petitioner’s appointment, the investigation section of the Department of Civil Service discovered that, contrary to his answers in the application, petitioner had been terminated from the two prior public service positions due to unsatisfactory performance of his duties and had been permitted to resign in lieu of termination. On March 1, 1976 the Director of Civil Service Security Operation sent petitioner a "Notice of Possible Disqualification” from the Psychologist II examination upon the ground that petitioner intentionally made false statement of a material fact in his application regarding "Dismissal or resignation in lieu of charges from employment”. The notice informed petitioner of his right to submit in writing any pertinent explanation regarding the prior terminations. Petitioner returned this notice with the notation "With plans for educational programs reason was disclosed. Besides they were temporary or provisional.” Petitioner was subsequently provided with additional details, in writing, regarding his prior separations, and his reply letter admitted that the termination notice from one of the prior public service jobs indicated "unsatisfactory work or some such thing”. The Civil Service Commission ultimately found petitioner disqualified for the Psychologist II examination and, without a hearing, terminated his appointment to Wassaic. Article 4 of the Civil Service Law empowers the State Civil Service Department to refuse to examine an applicant or after examination to certify an eligible "who has intentionally made a false statement of any material fact in his application” (Civil Service Law, § 50, subd 4, par [f]). The statute also