Department of Environmental Protection v. Civil Service Commission
New York Court of Appeals
579 N.E.2d 1385 (1991)
- Written by Sara Rhee, JD
Facts
John Daly was an employee of the Department of Environmental Protection (plaintiff). The Department charged Daly with misconduct after Daly threatened and punched a fellow employee, Jerome Gibbs. At a hearing, both Daly and Gibbs testified before an administrative law judge (ALJ). The ALJ credited Gibbs’ testimony over Daly’s and recommended that the Department dismiss Daly. The Commissioner of the Department adopted the findings of the ALJ and terminated Daly’s employment. Daly appealed the decision to the Civil Service Commission (defendant) pursuant to Civil Service Law § 76. The Commission reversed the determination of guilt and ordered the Department to restore Daly to his position. The Department brought an action challenging the Commission’s decision in the Supreme Court of New York. The Supreme Court transferred the matter to the Appellate Division. The Appellate Division confirmed the decision of the Commission.
Rule of Law
Issue
Holding and Reasoning (Wachtler, C.J.)
What to do next…
Here's why 810,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
