Department Of Environmental Protection v. Civil Service Commission

579 N.E.2d 1385 (1991)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

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.