Thomas v. New York Temporary State Com'n on Regulation of Lobbying

Decision Date04 May 1982
Citation56 N.Y.2d 656,451 N.Y.S.2d 708
Parties, 436 N.E.2d 1310 In the Matter of Paul E. THOMAS, Appellant, v. NEW YORK TEMPORARY STATE COMMISSION ON REGULATION OF LOBBYING et al., Respondents.
CourtNew York Court of Appeals Court of Appeals
Leonard Krouner and Ronald H. Sinzheimer, Albany, for appellant.
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 83 A.D.2d 723, 442 N.Y.S.2d 632, should be affirmed, with costs.

Given the nature of the attorney-client relationship and petitioner's position as associate counsel to respondent New York State Temporary Commission on Regulation of Lobbying, it cannot be said that reports of petitioner's active assistance to two public interest lobbying groups regulated by the commission were an improper basis for the commission's decision to terminate petitioner's employment (cf. Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. 1633, 40 L.Ed.2d 15; Cooper v. Johnson, 4 Cir., 590 F.2d 559). Nor was petitioner entitled to a due process hearing inasmuch as he never alleged that there was public dissemination of the reasons for his dismissal. Finally, petitioner, a nontenured employee, has demonstrated no procedural violation in the manner in which his employment was terminated.

COOKE, C. J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER, JJ., concur.

Order affirmed, with costs, in a memorandum.

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24 cases
  • Lowery v. Department of Corrections
    • United States
    • Court of Appeal of Michigan — District of US
    • January 22, 1986
    ...Thomas v. New York Temporary State Comm. on Regulation of Lobbying, 83 A.D.2d 723, 442 N.Y.S.2d 632 (1981), aff'd 56 N.Y.2d 656, 451 N.Y.S.2d 708, 436 N.E.2d 1310 (1982); Stanislaus Food Products Co v. Public Utilities Comm., 560 F.Supp. 114 (N.D.Cal.1982). Although other courts have determ......
  • Meyers v. City of New York
    • United States
    • New York Supreme Court — Appellate Division
    • February 6, 1995
    ...has thus failed to state a cause of action for a name-clearing hearing (see, Matter of Thomas v. New York Temporary State Comm. on Regulation of Lobbying, 56 N.Y.2d 656, 658-659, 451 N.Y.S.2d 708, 436 N.E.2d 1310; Supan v. Michelfeld, 97 A.D.2d 755, 468 N.Y.S.2d 384). The plaintiff's additi......
  • Saumell v. New York Racing Ass'n, Inc.
    • United States
    • U.S. District Court — Eastern District of New York
    • January 18, 1985
    ...v. New York Temporary Commission on Regulation of Lobbying, 83 A.D.2d 723, 442 N.Y.S.2d 632 (3d Dept.1981), aff'd 56 N.Y.2d 656, 436 N.E.2d 1310, 451 N.Y.S.2d 708 (1982), a discharged employee of a state commission brought an Article 78 proceeding seeking reinstatement and an award of damag......
  • Gittens v. State
    • United States
    • New York Court of Claims
    • June 16, 1986
    ...strictures. [cf. Matter of Thomas v. New York Temporary State Comm., 83 A.D.2d 723, 442 N.Y.S.2d 632, affd. 56 N.Y.2d 656, 451 N.Y.S.2d 708, 436 N.E.2d 1310; also see Brody v. Leamy, 90 Misc.2d 1, 23, 393 N.Y.S.2d 243; Drake v. State of New York, 126 Misc.2d 309, 482 N.Y.S.2d The State of N......
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