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Department of Environmental Protection v. Civil Service Commission

New York Court of Appeals
579 N.E.2d 1385 (1991)


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


Holding and Reasoning (Wachtler, C.J.)

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