New York Court of Appeals, 1988

Smithson v. Ilion Housing Authority

Smithson v. Ilion Housing Authority
New York Court of Appeals · Decided October 27, 1988 · Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa Concur
72 N.Y.2d 1034; 534 N.Y.S.2d 930; 531 N.E.2d 651; 1988 N.Y. LEXIS 2707

Smithson v. Ilion Housing Authority

Opinion

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.