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Matter of Griffin v. N.Y. City Department

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 1992
179 A.D.2d 585 (N.Y. App. Div. 1992)

Summary

holding that when an employee appeals to the CSC, the penalty is not subject to judicial review

Summary of this case from Almanzar v. City of N.Y.

Opinion

January 30, 1992


While the matter was improperly transferred to this Court pursuant to CPLR 7804 (g), it must be dismissed. When an employee chooses to appeal a disciplinary determination to the Civil Service Commission pursuant to Civil Service Law § 76, substantial evidence and arbitrary and capricious standards of review are not applicable; neither is the penalty subject to review (Matter of New York City Dept. of Envtl. Protection v. New York City Civ. Serv. Commn., 78 N.Y.2d 318, 323). Under Civil Service Law § 76 (3), the Commission's determination is "final and conclusive," making judicial review available only if a constitutional right is implicated, or the agency has acted illegally, unconstitutionally, or in excess of its jurisdiction. Such is not the case here.

Concur — Murphy, P.J., Ellerin, Wallach and Smith, JJ.


Summaries of

Matter of Griffin v. N.Y. City Department

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 1992
179 A.D.2d 585 (N.Y. App. Div. 1992)

holding that when an employee appeals to the CSC, the penalty is not subject to judicial review

Summary of this case from Almanzar v. City of N.Y.

holding that when an employee appeals to the CSC, the penalty is not subject to judicial review

Summary of this case from Almanzar v. City of N.Y.
Case details for

Matter of Griffin v. N.Y. City Department

Case Details

Full title:In the Matter of MICHELLE GRIFFIN, Petitioner, v. NEW YORK CITY DEPARTMENT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 30, 1992

Citations

179 A.D.2d 585 (N.Y. App. Div. 1992)
579 N.Y.S.2d 350

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