Griffin v. New York City Department of Correction

Appellate Division of the Supreme Court of New York

Griffin v. New York City Department of Correction

179 A.D.2d 585

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 30, 1992

StatusPublished

Cited by4 cases

This text of 179 A.D.2d 585 (Griffin v. New York City Department of Correction) 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

Griffin v. New York City Department of Correction, 179 A.D.2d 585 (N.Y. Ct. App. 1992).

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Opinion

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 NY2d 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.

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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 NY2d 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.

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Bluebook (online)

179 A.D.2d 585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-new-york-city-department-of-correction-nyappdiv-1992.

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