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Standard of review of Section 75 decision

By Harvey Randall, Esq.

Standard of review of Section 75 decision
Pryor v O'Donnell, App. Div., 2nd Dept., 291 A.D.2d 502

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].

Full post as published by New York Public Personnel Law on January 30, 2008 (boomark / email).