NY: Revocation of Lawyer’s Pension Violated Due Process, Judge Says

The New York Law Journal – ; Revocation of Lawyer’s Pension Violated Due Process, Judge Says

By Vesselin Mitev
August 27, 2009

State Comptroller Thomas P. DiNapoli improperly revoked the $106,000 annual pension of a Long Island lawyer, an Albany judge has ruled in ordering the state to restore the benefit.

The state violated Albert D’Agostino’s due process rights by “depriving him of continuing retirement benefits prior to granting him a hearing and by failing to provide adequate notice” of the case against him, Acting Supreme Court Justice Gerald W. Connolly ruled in D’Agostino v. DiNapoli, 8134-08.

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