Tinter v. Bd. of Trs. of the Pound Ridge Library Dist.

Citation155 A.D.3d 1054,66 N.Y.S.3d 526
Decision Date29 November 2017
Docket Number2017–03832
Parties In the Matter of Marilyn TINTER, petitioner, v. BOARD OF TRUSTEES OF the POUND RIDGE LIBRARY DISTRICT, et al., respondents.
CourtNew York Supreme Court Appellate Division

155 A.D.3d 1054
66 N.Y.S.3d 526

In the Matter of Marilyn TINTER, petitioner,
v.
BOARD OF TRUSTEES OF the POUND RIDGE LIBRARY DISTRICT, et al., respondents.

2017–03832

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

Submitted October 24, 2017
November 29, 2017


Meyers Tersigni Feldman & Gray LLP, New York, N.Y. (Anthony L. Tersigni and Andrea Tersigni of counsel), for petitioner.

RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, SANDRA L. SGROI, VALERIE BRATHWAITE NELSON, JJ.

DECISION & JUDGMENT

155 A.D.3d 1055

Proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the Pound Ridge Library District, dated September 26, 2016, which adopted the recommendation of a Hearing Officer, made after a hearing, finding the petitioner guilty of charges of misconduct and incompetence, and terminated her employment as the Director of the Pound Ridge Library.

ADJUDGED that the petition is granted, on the law, without costs or disbursements, to the extent that so much of the determination as found the petitioner guilty of charges one, three, six, seven, eight, nine, ten, and eleven and specifications

66 N.Y.S.3d 527

six, seven, eight, and nine of charge two is annulled, those charges and specifications are dismissed, the penalty imposed is vacated, the petition is otherwise denied, the determination is otherwise confirmed, the proceeding is otherwise dismissed on the merits, and the matter is remitted to the Board of Trustees of the Pound Ridge Library District for a new consideration of the appropriate penalty to be imposed in accordance herewith, and the imposition of such a penalty thereafter.

The petitioner commenced this proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the Pound Ridge Library District (hereinafter the Board) adopting the findings of a Hearing Officer that the petitioner was guilty of certain charges of misconduct and incompetence, and terminating her employment. In an order dated April 3, 2017, the Supreme Court transferred the proceeding to this Court pursuant to CPLR 7804(g).

Contrary to the petitioner's contention, the Board's minutes reflecting a resolution to appoint the Hearing Officer and a letter addressed to the Hearing Officer on Pound Ridge Library letterhead and signed by the Board's president, advising that the Hearing Officer had been designated to hold a hearing on the disciplinary charges preferred against the petitioner and on amendments or supplements to the charges as might thereafter be preferred, sufficiently documented the validity of the Hearing Officer's appointment and satisfied the relevant provisions of Civil Service Law § 75(2) (see Matter of McKenzie v. Board of Educ. of the City Sch. Dist. of Albany, 100 A.D.3d 1096, 1097–1098, 952 N.Y.S.2d 860 ; Matter of Perryman v. Village of Saranac Lake, 64 A.D.3d 830, 832–833, 881 N.Y.S.2d 693 ; Matter of Stafford v. Board of Educ. of Mohonasen Cent. School Dist., 61 A.D.3d 1259, 1259–1260, 877 N.Y.S.2d 503 ; Matter of Salley v. Hempstead School Dist., 121 A.D.2d 547, 548, 504 N.Y.S.2d 30 ; see also Matter of Ost v. Supervisor of Town of Woodstock, 251 A.D.2d 724, 726, 673 N.Y.S.2d 768 ).

155 A.D.3d 1056

Civil Service Law § 75(2) provides, inter alia, that in a case where a hearing officer is designated, he or she must "make a record of such hearing which shall, with his [or her] recommendations, be referred to [the officer or body having the power to remove the person against whom the charges were preferred] for review and decision." Individuals "who are personally or extensively involved in the disciplinary process should disqualify themselves from reviewing the recommendations of a Hearing Officer and from acting on the charges" (...

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5 cases
  • Telford v. McCartney
    • United States
    • New York Supreme Court Appellate Division
    • November 29, 2017
    ...opposition.The petitioner commenced this CPLR article 78 proceeding to review the determination denying approval of the Telford 155 A.D.3d 1054home as his postrelease residence. The Supreme Court denied the petition and dismissed the proceeding. The petitioner appeals."Pursuant to Executive......
  • Owens v. Cnty. of Dutchess, 2016–09646
    • United States
    • New York Supreme Court Appellate Division
    • June 27, 2018
    ...of Human Rights, 45 N.Y.2d 176, 408 N.Y.S.2d 54, 379 N.E.2d 1183 ; Matter of Tinter v. Board of Trustees of the Pound Ridge Lib. Dist., 155 A.D.3d 1054, 1056–1057, 66 N.Y.S.3d 526 ; Matter of Smith v. Carter, 61 A.D.3d 982, 876 N.Y.S.2d 903 ). Here, there is substantial evidence in the reco......
  • Tinter v. Bd. of Trs. of the Pound Ridge Library Dist.
    • United States
    • New York Supreme Court Appellate Division
    • March 30, 2022
    ...a new consideration of the appropriate penalty to be imposed (see Matter of Tinter v. Board of Trustees of the Pound Ridge Lib. Dist., 155 A.D.3d 1054, 66 N.Y.S.3d 526 ). Upon remittitur, at an executive meeting on December 3, 2017, the Board voted to impose the penalty of demotion to the p......
  • Tinter v. Bd. of Trs. of the Pound Ridge Library Dist.
    • United States
    • United States State Supreme Court (New York)
    • March 30, 2022
    ...a new consideration of the appropriate penalty to be imposed (see Matter of Tinter v Board of Trustees of the Pound Ridge Lib. Dist., 155 A.D.3d 1054). Upon remittitur, at an executive meeting on December 3, 2017, the Board voted to impose the penalty of demotion to the position of Libraria......
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