Cowin v. N.Y. State Div. of Criminal Justice Servs.

• Decision Date: 25 November 2015
• Citation: 133 A.D.3d 1158,20 N.Y.S.3d 238
• Parties: In the Matter of Thomas C. COWIN, Respondent, v. New York State Division of Criminal Justice Services et al., Appellants.
• Court: New York Supreme Court — Appellate Division

133 A.D.3d 1158
20 N.Y.S.3d 238

In the Matter of Thomas C. COWIN, Respondent,
v.
New York State Division of Criminal Justice Services et al., Appellants.

Supreme Court, Appellate Division, Third Department, New York.

Nov. 25, 2015.

20 N.Y.S.3d 238

Eric T. Schneiderman, Attorney General, Albany (Julie M. Sheridan of counsel), for appellants.

Hancock Estabrook, LLP, Syracuse (Janet D. Callahan of counsel), for respondent.

Before: PETERS, P.J., LAHTINEN, GARRY and CLARK, JJ.

PETERS, P.J.

133 A.D.3d 1158

Appeal from a judgment of the Supreme Court (Collins, J.), entered July 30, 2014 in Albany County, which partially granted petitioner's application, in a proceeding pursuant to CPLR article 78, to, among other things, annul a determination of respondent Division of Criminal Justice Services denying petitioner's request to withdraw his employment resignation.

Petitioner was employed as a Criminal Justice Program Representative 1 by respondent

20 N.Y.S.3d 239

Division of Criminal Justice Services (hereinafter DCJS). On May 6, 2013, he was served with a notice of discipline charging him with violating certain sections of the DCJS Employee Handbook and Penal Law § 220.03 stemming from his receipt of a controlled substance from a coworker that was not prescribed to him. Petitioner filed a grievance under the applicable collective bargaining agreement and, after declining an initial offer of settlement from DCJS, arbitration of the matter was placed in abeyance pending the outcome of further settlement discussions.

Meanwhile, in response to his application for a position with respondent Justice Center for the Protection of People with Special Needs (hereinafter the Justice Center), petitioner received a provisional offer of employment on July 11, 2013. Four days later, petitioner hand-delivered a letter of resignation to respondent Karen Davis, DCJS's Director of Human Resources Management, which stated that his last day of work would be July 30, 2013. On July 18, 2013, the Justice Center notified petitioner that his offer of employment had been rescinded. That same day, petitioner sent an email to Davis seeking to withdraw his letter of resignation. By letter dated

133 A.D.3d 1159

July 26, 2013, petitioner was advised that his request to rescind his resignation was denied. He thereafter sent a letter to respondent Michael Green, the Acting Commissioner of DCJS, requesting that DCJS reconsider its decision to deny his request to withdraw his letter of resignation. In response, petitioner was again informed that DCJS did not consent to the withdrawal of his resignation.

Petitioner then commenced this CPLR article 78 proceeding alleging,...