Lytle v. Christian
| Decision Date | 25 March 1975 |
| Citation | 365 N.Y.S.2d 865,47 A.D.2d 824 |
| Parties | Application of Eddie LYTLE, Petitioner-Appellant, For a Judgmemt under Article 78 of the Civil Practice Law and Rules, v. Hon. Joseph CHRISTIAN, as Chairman, et al., as Members, et al., as Director of Personnel of the New York City Housing Authority, Respondents-Respondents. |
| Court | New York Supreme Court — Appellate Division |
M. B. Adelman, New York City, for petitioner-appellant.
Godfrey R. deCastro, New York City, for respondents-respondents.
Before KUPFERMAN, J.P., and MURPHY, TILZER, LANE and NUNEZ, JJ.
Judgment, Supreme Court, New York County, entered December 18, 1974, granting the petition to the extent of directing an expeditious hearing on the departmental charges, modified on the law to direct payment for the salary owing to petitioner for a period beginning 30 days after the date of petitioner's suspension without pay, to the date petitioner was reinstated to his position, less such sums as petitioner earned from other employment during such period, and as so modified the judgment is affirmed without costs or disbursements.
In May of 1972 petitioner was arrested and charge with the crime of murder. Subsequently, petitioner was suspended, without pay, from his position as a Housing Authority Patrolman. Although the hearing date on the subject departmental charges was first scheduled for June 29, 1972, such hearing was unilaterally adjourned by the Authority upon the request of the District Attorney of New York County that the departmental trial await the conclusion of the criminal proceeding. Accordingly, petitioner continued under suspension without pay, for a period in excess of 2 1/2 years. We note that it now appears that the criminal trial has been concluded and that petitioner was acquitted. It also appears that petitioner has been reinstated to his position.
Civil Service Law § 75 subd. (3) provides that pending determination of charges a civil service employee may not be suspended without pay for a period in excess of 30 days. And, it is further provided therein that upon being found guilty the only permissible penalties are: (1) reprimand, (2) a fine not to exceed $100, (3) suspension without pay for a period not to exceed two months, (4) demotion in grade and title or (5) dismissal from the service. Accordingly, it is clear that even if an employee is found guilty and ultimately dismissed, he must be paid his salary during any period of...
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