O'Reilly v. City of White Plains
| Decision Date | 21 March 1983 |
| Citation | 92 A.D.2d 920,460 N.Y.S.2d 816 |
| Parties | In the Matter of John V. O'REILLY, Petitioner, v. The CITY OF WHITE PLAINS et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Grae & Rose, White Plains (James M. Rose, White Plains, of counsel), for petitioner.
Charles A. Bradley, Corp. Counsel, White Plains (Anthony J. Grant, Asst. Corp. Counsel, White Plains, of counsel), for respondents.
Before DAMIANI, J.P., and LAZER, GULOTTA and O'CONNOR, JJ.
MEMORANDUM BY THE COURT.
Proceeding pursuant to CPLR article 78 to, inter alia, review so much of a determination of the respondent Carlton F. Hartman, acting in the capacity of Commissioner of the Department of Building of the City of White Plains, dated September 14, 1981, as, after a hearing, found petitioner guilty of certain specified charges of misconduct and incompetency and dismissed him from his position as plumbing code enforcement officer, and, as limited by petitioner's brief, to compel respondents to pay him "all of his back pay, salary, increments and other compensation or emoluments" of his employment from November 2, 1979 through and including September 14, 1981.
Petition granted, on the law, to the extent that respondents are directed to pay petitioner all back pay and benefits to which he is entitled from November 2, 1979 through and including September 14, 1981, less the amount of compensation which he may have earned in any other employment or occupation and any unemployment insurance benefits he may have received during such period. In all other respects, determination confirmed, insofar as reviewed, without costs or disbursements, and proceeding otherwise dismissed on the merits.
This matter was originally decided by respondent William E. Pisani, Commissioner of the Department of Building of the City of White Plains, by determination dated October 24, 1979, which, after a hearing, found petitioner guilty of certain specified charges of misconduct and incompetency and dismissed him from his position as plumbing code enforcement officer. Upon review in a CPLR article 78 proceeding, this court annulled Commissioner Pisani's determination and remitted the matter for a de novo determination based upon the original hearing record by a deputy commissioner, or any other duly qualified individual who might be designated (see Matter of O'Reilly v. Pisani, 79 A.D.2d 973, 436 N.Y.S.2d 793). Respondent Carlton F. Hartman was appointed by the Mayor of the City...
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