Paris v. City of New York

Appellate Terms of the Supreme Court of New York

Paris v. City of New York

189 Misc. 445, 74 N.Y.S.2d 584, 1947 N.Y. Misc. LEXIS 3288

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 19, 1947

StatusPublished

Cited by5 cases

This text of 189 Misc. 445 (Paris v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Paris v. City of New York, 189 Misc. 445, 74 N.Y.S.2d 584, 1947 N.Y. Misc. LEXIS 3288 (N.Y. Ct. App. 1947).

Pincite

Opinion

Memorandum

Per Curiam.

The judgment and order should be unanimously reversed on the law, with $10 costs to defetidant and complaint dismissed with appropriate costs in the court below. The District Attorney did not exceed his authority in suspending without pay for thirty days pending determination of the charges and thereafter suspending for two more months without pay. The Civil Service Law (§ 22, subd. 3) required the plaintiff to appeal to the Civil Service Commission or proceed under article 78 of the Civil Practice Act to test the determination made by her superior officer. The latter had power to suspend for two months without pay in addition to" the thirty days pending determination of the charges. (Cf. Halpin v. City of New York, 54 Misc. 128.) The statute does not, where charges are sustained, revive the-right to salary for the period of suspension.

MacCratb, Steinbrink and Rubenstein, JJ., concur.

Judgment and order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Memorandum

Per Curiam.

The judgment and order should be unanimously reversed on the law, with $10 costs to defetidant and complaint dismissed with appropriate costs in the court below. The District Attorney did not exceed his authority in suspending without pay for thirty days pending determination of the charges and thereafter suspending for two more months without pay. The Civil Service Law (§ 22, subd. 3) required the plaintiff to appeal to the Civil Service Commission or proceed under article 78 of the Civil Practice Act to test the determination made by her superior officer. The latter had power to suspend for two months without pay in addition to" the thirty days pending determination of the charges. (Cf. Halpin v. City of New York, 54 Misc. 128.) The statute does not, where charges are sustained, revive the-right to salary for the period of suspension.

MacCratb, Steinbrink and Rubenstein, JJ., concur.

Judgment and order reversed, etc.

Cite This Page — Counsel Stack

Bluebook (online)

189 Misc. 445, 74 N.Y.S.2d 584, 1947 N.Y. Misc. LEXIS 3288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paris-v-city-of-new-york-nyappterm-1947.

Opinion

Related

Cite This Page — Counsel Stack