Babcock v. County of Dutchess

55 A.D.2d 37, 389 N.Y.S.2d 394, 94 L.R.R.M. (BNA) 2453, 1976 N.Y. App. Div. LEXIS 14537
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 13, 1976
StatusPublished
Cited by2 cases

This text of 55 A.D.2d 37 (Babcock v. County of Dutchess) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Babcock v. County of Dutchess, 55 A.D.2d 37, 389 N.Y.S.2d 394, 94 L.R.R.M. (BNA) 2453, 1976 N.Y. App. Div. LEXIS 14537 (N.Y. Ct. App. 1976).

Opinion

Hopkins, Acting P. J.

The parties have submitted a controversy to us on an agreed statement of facts pursuant to CPLR 3222. The Taylor Law provides that public employees who have been determined to have participated in a strike shall be on probation for a period of one year "following such determination” (Civil Service Law, § 210, subd 2, par [f]). The question before us is the time of the commencement of the probationary period.

The parties have suggested various dates, all of which are related to progressive stages of the procedures described in the Taylor Law. We hold that the decisive date for the commencement of the probationary period is the time when the public employee was notified that it had been determined that he had participated in a strike in violation of the statute. In the context of this case that time was October 1, 1975.

I

The sequence of events forming the body of the controversy is relatively simple to state:

Certain employees of the County of Dutchess took part in a strike during July, 1975. The plaintiffs—employees of the county—were notified on October 1, 1975 by the County Executive, pursuant to section 210 of the Civil Service Law, that it had been determined that they had engaged in the strike, that they had a right to object to such determination within 20 days by filing an affidavit, supported by documen[39]*39tary proof, controverting the determination, and that if they did not so object, or if the objection were not sustained, an amount equal to twice their daily rate of pay for each day that they had engaged in the strike would be deducted from their compensation. In addition, the notice stated that "you shall be on probation for a term of one year following the determination that you violated Section 210, during which you shall serve without tenure.”

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Related

Finkelman v. Board of Education of the Nyack Union Free School District
61 A.D.2d 790 (Appellate Division of the Supreme Court of New York, 1978)
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89 Misc. 2d 483 (New York Supreme Court, 1977)

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Bluebook (online)
55 A.D.2d 37, 389 N.Y.S.2d 394, 94 L.R.R.M. (BNA) 2453, 1976 N.Y. App. Div. LEXIS 14537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/babcock-v-county-of-dutchess-nyappdiv-1976.