Judge Affirms Pension Authority But Faults Lack of Prior Notice
By Vesselin Mitev
April 14, 2009
State Comptroller Thomas P. DiNapoli is reviewing his policy of notifying state pension fund members that their benefits may be revoked, after an upstate judge ruled last week that due process “may require” a “pre-deprivation hearing.”
In a pair of rulings, D’Agostino v. DiNapoli, 8134-08, and Swergold v. Cuomo, 3897-08, Acting Supreme Court Justice Gerald W. Connolly in Albany ruled that Mr. DiNapoli and Attorney General Andrew M. Cuomo have the authority to review, investigate and, if necessary, revoke pension benefits, but only after the recipients have received proper notice.
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