New York Supreme Court March 9, 1981 (Swanno v. Ambach)

OPINION OF THE COURT

Harold J. Hughes, J.

In this proceeding petitioner challenges his “below expected level” performance evaluation as arbitrary and capricious and asserts that the administrative appeal process for reviewing performance evaluations violates his constitutional rights to due process and equal protection because it does not provide for right to counsel and a full adversary hearing.