Horton v. Kammerer
| Decision Date | 30 November 1981 |
| Citation | 444 N.Y.S.2d 176,84 A.D.2d 841 |
| Parties | In the Matter of Thaddeus HORTON, Petitioner, v. R. M. KAMMERER, Commissioner of the Department of Public Works, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Before LAZER, J. P., and MANGANO, GIBBONS and MARGETT, JJ.
MEMORANDUM BY THE COURT.
Proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent Commissioner of the Department of Public Works of Suffolk County, dated November 25, 1980, as, after a hearing, sustained certain charges against the petitioner and dismissed him from his position as an architectural draftsman.
By order of this court dated June 29, 1981 (Matter of Horton v. Kammerer, 82 A.D.2d 921, 440 N.Y.S.2d 680), the proceeding was held in abeyance and the matter remitted to the respondent Commissioner to make written findings setting forth the essential facts and evidence upon which he relied in reaching his determination. The Commissioner has complied with our directions.
Petition granted to the extent that the determination is modified, on the law, by adding thereto a provision that respondents are directed to pay petitioner his salary for the period beginning 30 days after the commencement of his suspension, and continuing until the date of his dismissal, less the amount of compensation which petitioner may have earned in any other employment or occupation and any unemployment benefits he may have received during such period. As so modified, determination confirmed insofar as reviewed, and proceeding otherwise dismissed on the merits, without costs or disbursements.
The Commission's findings demonstrate that his determination was based on substantial evidence. Section 75 (subd. 3) of the Civil Service Law provides, however, that a civil servant may not be suspended without pay for a period in excess of 30 days pending the hearing and determination of charges against him. Even if the employee is found guilty and later dismissed, he is entitled to receive his full salary for any period of suspension in excess of 30 days, less the sums he has earned from other employment and any unemployment benefits he has received during the period in question (see, e. g., Cassidy v. Police Dept., County of Nassau, 54 A.D.2d 682, 387 N.Y.S.2d 266; Matter of Yeampierre v. Gutman, 52 A.D.2d 608, 382 N.Y.S.2d 104; Matter of Lytle v. Christian, 47 A.D.2d 824, 365 N.Y.S.2d 865; Matter of Maurer v. Cappelli, 42 A.D.2d 758, 346...
To continue reading
Request your trial
-
Sinicropi v. Bennett
...558, 375 N.E.2d 739; Gerber v. New York City Housing Auth., 42 N.Y.2d 162, 165, 297 N.Y.S.2d 608, 366 N.E.2d 268; Matter of Horton v. Kammerer, 84 A.D.2d 841, 444 N.Y.S.2d 176; Matter of Thompson v. New York City Tr. Auth., 78 A.D.2d 543, 432 N.Y.S.2d 92; Matter of Rider v. Board of Trustee......
-
City of Albany v. Meehan
...found guilty and dismissed as long as the employee is not responsible for the delay in proceeding (see, e.g., Matter of Horton v. Kammerer, 84 A.D.2d 841, 841-842, 444 N.Y.S.2d 176; Matter of Yeampierre v. Gutman, 52 A.D.2d 608, 609, 382 N.Y.S.2d 104, mot. for lv. to app. dsmd. 40 N.Y.2d 91......
-
Briggs v. Scoralick
...has received during the period in question (Matter of Valerio v. Scannell, 105 A.D.2d 791, 792, 481 N.Y.S.2d 733; Matter of Horton v. Kammerer, 84 A.D.2d 841, 444 N.Y.S.2d 176; Cassidy v. Police Dept. County of Nassau, 54 A.D.2d 682, 387 N.Y.S.2d 266). However, the petitioner may not recove......
-
Amato v. Town of Babylon
...period in question (see, Gerber v. New York City Housing Auth., 42 N.Y.2d 162, 397 N.Y.S.2d 608, 366 N.E.2d 268; Matter of Horton v. Kammerer, 84 A.D.2d 841, 444 N.Y.S.2d 176). We therefore remit the matter to the respondents for a determination of the amount of back pay, if any, the petiti......