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May 16, 2017

The basis for challenging a decision by a civil service commission are limited


The basis for challenging a decision by a civil service commission are limited
Agbai v New York City Civ. Serv. Commn., 2017 NY Slip Op 03699, Appellate Division, First Department

Supreme Court granted the NYC Civil Service Commission's motion dismissing a CPLR Article 78 petition seeking to vacate a determination by the Commission the terminated the petitioner's [Petitioner] employment as a New York City correction officer.

The Appellate Division explained that the New York City Civil Service Commission is subject to judicial review only if "the agency has acted illegally, unconstitutionally, or in excess of its jurisdiction," citing New York City Dept. of Envtl. Protection v New York City Civ. Serv. Commn., 78 NY2d 318.

Supreme Court, said the Appellate Division, "properly rejected Petitioner's argument that the Administrative Law Judge did not have the authority and jurisdiction to conduct the challenged disciplinary hearing."

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2017/2017_03699.htm


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