New York Public Personnel Law: Employee not entitled to interest on back pay due upon reinstatement to his or her former position pursuant to court order

June 17, 2011

Employee not entitled to interest on back pay due upon reinstatement to his or her former position pursuant to court order

Employee not entitled to interest on back pay due upon reinstatement to his or her former position pursuant to court order
Miller v Nassau County Civ. Serv. Commn. 2011 NY Slip Op 05033, Appellate Division, Second Department

Roberta Miller sued the Nassau Civil Service Commission, seeking reinstatement to her former position and for back pay.

Miller appealed Supreme Court’s failure to award her predecision interest.*

The Appellate Division rejected her claim for “predecision interest,” noting that the award of back pay to in this instance is derived from Civil Service Law §77, "and that statute does not provide for predecision interest." Citing Matter of Bello v Roswell Park Cancer Inst., 5 NY2d 170.

§77, in pertinent part, provides that “Any officer or employee who is removed from a position in the service of the state or of any civil division thereof in violation of the provisions of this chapter, and who thereafter is restored to such position by order of the supreme court, shall be entitled to receive and shall receive from the state or such civil division, as the case may be, the salary or compensation which he would have been entitled by law to have received in such position but for such unlawful removal, from the date of such unlawful removal to the date of such restoration, less the amount of any unemployment insurance benefits he may have received during such period….”

.* See http://publicpersonnellaw.blogspot.com/2011/06/jurys-decision-in-favor-of-plaintiff.html for a summary of the earlier determination by the Appellate Division giving rise to this appeal.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2011/2011_05033.htm

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.