Saturday, January 10, 2009
Pryor v O'Donnell, 262 AD2d 648,
John R. O'Donnell, Suffolk County's Commissioner of Labor, filed Civil Service Law Section 75 disciplinary charges against Denis M. Pryor alleging Pryor was guilty of insubordination and had abandoned his position. The hearing officer found Pryor guilty of the charges and recommended that he be terminated from his position. O'Donnell adopted the hearing officer's findings and recommendation and terminated Pryor. Pryor appealed, seeking a court order reinstating him to his former position.
The Appellate Division commenced its analysis of Pryor's appeal by noting that "[t]he review of administrative determinations in employee disciplinary cases made as a result of a hearing required by Civil Service Law Section 75 is limited to a consideration of whether the determination was supported by substantial evidence," citing Lahey v Kelly, 71 NY2d 135.
Finding that the disciplinary determination was supported by substantial evidence and that the charge filed against Pryor petitioner "was sufficient and in compliance with Civil Service Law Section 75(2)," the court concluded that "[t]he disciplinary penalty imposed as a result of the administrative hearing was proportionate to the offense," citing the Pell doctrine [Pell v Board of Education, 34 NY2d 222].
The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html
A Reasonable Disciplinary Penalty Under the Circumstances - A 600+ page guide to penalties imposed on public employees in New York State found guilty of selected acts of misconduct. For more information, click on http://nypplarchives.blogspot.com/
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Copyright© 1987 - 2014 by the Public Employment Law Press.