Tanner v. Nassau County
| Decision Date | 24 May 1982 |
| Citation | 88 A.D.2d 661,450 N.Y.S.2d 733 |
| Parties | In the Matter of Barbara TANNER, Appellant, v. COUNTY OF NASSAU et al., Respondents |
| Court | New York Supreme Court — Appellate Division |
Richard M. Gaba, Mineola (Barry J. Peek, Mineola, of counsel), for appellant.
Edward G. McCabe, County Atty., Mineola (Robert O. Boyhan, Deputy Atty. Gen., Mineola, of counsel), for respondents.
Before LAZER, J. P., and GIBBONS, GULOTTA and BRACKEN, JJ.
MEMORANDUM BY THE COURT.
In a proceeding pursuant to CPLR article 78 to review a determination of respondent Eisenberg which terminated petitioner's employment, petitioner appeals (by permission) from so much of a judgment of the Supreme Court, Nassau County, entered January 6, 1981, as failed to direct that petitioner be reinstated to her former position as a licensed practical nurse, with back pay.
Judgment modified, on the law, by adding a provision requiring that petitioner be reinstated to her former position as a licensed practical nurse, with back pay from April 1, 1978 until June 4, 1981, less such sums as petitioner may have earned during this period in any other employment or occupation and any unemployment insurance benefits she may have received. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements.
Sometime in January of 1978, petitioner absented herself from her position as a licensed practical nurse I in the Nassau County Medical Center. When she attempted to return to work on April 1, 1978, she was informed that her employment was terminated. On or about April 17, 1978, respondent Eisenberg, Executive Director of the medical center, served petitioner with charges and specifications of misconduct and notified her that she was entitled to a hearing pursuant to section 75 of the Civil Service Law. The hearing was never held because Eisenberg sent petitioner a letter dated August 15, 1978, notifying her that the charges were null and void and that her employment was terminated as of March 24, 1978 for violating a county ordinance prohibiting Nassau County employees from residing or dwelling outside of Nassau County. The notification stated that petitioner was not entitled to a hearing on the issue of residency.
Petitioner then commenced an article 78 proceeding seeking review of this determination and alleging that she was denied due process when her employment was terminated without a hearing. By judgment entered January 6, 1981, Special Term annulled the determination and remanded the matter for a hearing under section 75 of the...
To continue reading
Request your trial
-
Sinicropi v. Bennett
...misconduct causing her suspension and eventual dismissal. Unfortunately, petitioner is correct. THE LAW In Matter of Tanner v. County of Nassau, 88 A.D.2d 661, 662, 450 N.Y.S.2d 733, this court stated: "The law is clear that when a determination imposing sanctions under section 75 of the Ci......
-
Farrell v. Dowling
...with back pay until such time as a new determination may be rendered which again punishes the employee" (Matter of Tanner v. County of Nassau, 88 A.D.2d 661, 662, 450 N.Y.S.2d 733). Therefore, petitioner is entitled to back pay from January 23, 1980, the date of his dismissal, until such ti......
-
Reed v. Town of Huntington
...N.Y.S.2d 580, 458 N.E.2d 1257; Matter of O'Reilly v. City of White Plains, 92 A.D.2d 920, 460 N.Y.S.2d 816; Matter of Tanner v. County of Nassau, 88 A.D.2d 661, 450 N.Y.S.2d 733). We reject as meritless the Town's contention that Reed should be estopped from claiming any right to back pay a......
-
Quinn v. Simmons
...ORDERED that the determination is confirmed, and the proceeding is dismissed on the merits, with costs. In Tanner v. County of Nassau, 88 A.D.2d 661, 450 N.Y.S.2d 733, this court held that an employee of Nassau County could not properly be dismissed on the basis of nonresidency (see, Nassau......