Department Of Environmental Protection v. Civil Service Commission

579 N.E.2d 1385 (1991)


Daly, an employee of P, was charged with threatening Jerome Gibbs, a fellow employee, and then punching him in the stomach and knocking him into a wall. Earlier in the day, Gibbs had allegedly been the subject of a racially motivated attack. According to Gibbs, Daly's threats were designed to keep Gibbs from pressing criminal charges against the two coemployees who had been involved in the earlier incident. P charged Daly with misconduct. Both Daly and Gibbs testified, and the ALJ sided with Gibbs and recommended that Daly be dismissed. P terminated Daly's employment effective October 31, 1986. Daly appealed the determination to the Civil Service Commission (D). D reviewed the transcript of the administrative hearing and reversed the determination of guilt and penalty of dismissal, ordering Daly restored to his position with full back pay. P commenced this CPLR article 78 proceeding in August 1988, seeking a judgment reversing the determination of D and reinstating the determination of guilt and the penalty of dismissal. The Supreme Court transferred the matter to the Appellate Division, which confirmed the determination of D and dismissed the proceeding.