October 12, 2010

Substantial evidence supports finding employee was guilty of disciplinary charges filed against him

Substantial evidence supports finding emplyee was guilty of disciplinary charges filed against him
Matter of Drury v Village of N. Syracuse, 2010 NY Slip Op 06944, Decided on October 1, 2010, Appellate Division, Fourth Department

Phillip Druyry commenced an CPLR Article 78* proceeding in an effort to obtain a court order annulling the determination terminating his employment as Village of North Syracuse Code Enforcement Officer and Fire Marshall following a disciplinary hearing held pursuant to Civil Service Law §75.

The Appellate Division dismissed his appeal, commenting that the disciplinary determination was supported by “substantial evidence, i.e., ‘such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact.’”

The court also concluded that, under the circumstances of this case, the penalty of termination of employment does not constitute an abuse of discretion as a matter of law because it is not " so disproportionate to the offense as to be shocking to one's sense of fairness,' " citing Matter of Kelly v Safir, 96 NY2d 32.

* Section 76 of the Civil Service Law provides alternative appeal procedures to challenge a Section 75 disciplinary determination: [1] Appeal to the Civil Service Commission having jurisdiction within 20 days of his or her receiving notice of the determination; or [2] A judicial appeal pursuant to Article 78 of the Civil Practice Law and Rules.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_06944.htm
NYPPL