Ivon Castro v. Dina Simon, Individually and in Her Official Capacity as Deputy Commissioner, et al.

New York State Courts have consistently annulled determinations of administrative agencies that terminated the employment of competitive class civil service employees from a Civil Service Law Section 75 disciplinary proceeding, where the procedures of Civil Service Law Section 75 were not complied with in the course of that termination from service. On March 2, 2015, Ms. Castro was served with charges and specifications under New York Civil Service Law Section 75. But no hearing was held to determine the charges and specifications and no facts or findings were ever made by a hearing officer pursuant to that law; nor was any record of a disciplinary proceeding made; except for the serving of the charges. Nonetheless, thirty days after being served with the charges and specifications, and-on April 2, 2015, Ms. Castro’s employment was terminated based on the charges and specifications made against her. 1. The question presented is whether the Second Circuit’s holding that Ms. Castro’s “termination was based entirely on allegations of job-related misconduct,” is consistent with the rule set by the New York Court of Appeals in Matter of Wiggins v. Board of Educ.. 60 N.Y.2d 385, 388-89 (1983), and the due process clause of the Fourteenth Amendment to the U.S. Constitution?