Strader v. City of Syracuse

Appellate Division of the Supreme Court of New York

Strader v. City of Syracuse

88 A.D.2d 769, 451 N.Y.S.2d 503, 1982 N.Y. App. Div. LEXIS 17022

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

DecidedMay 14, 1982

StatusPublished

This text of 88 A.D.2d 769 (Strader v. City of Syracuse) 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.

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Strader v. City of Syracuse, 88 A.D.2d 769, 451 N.Y.S.2d 503, 1982 N.Y. App. Div. LEXIS 17022 (N.Y. Ct. App. 1982).

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Opinion

— Judgment unanimously modified and, as modified, affirmed, without costs. Memorandum: Petitioner, a chemist in the Syracuse Police Laboratory, was suspended without pay on January 5, 1980 pending charges on grounds of misconduct. After a hearing he was found guilty of all charges and dismissed from his job; attempts to change this determination have been unsuccessful {Matter of Strader v Sardino, 88 AD2d 790). In this appeal respondent challenges the award of back pay to petitioner from February 4, 1980 to April 29, 1981 in the sum of $17,559.69. Petitioner should not have received compensation for the period from February 29, 1980 to June 5, 1980 as this delay was occasioned by his action in obtaining a stay {Matter of De Marco v City of Albany, 75 AD2d 674); therefore, using a per diem of $39.02 we reduce the amount of his back-pay award to $13,774.75. (Appeal from judgment of Supreme Court, Onondaga County, O’Donnell, J. — art 78.) Present — Simons, J. P., Hancock, Jr., Callahan, Denman and Moule, JJ.

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— Judgment unanimously modified and, as modified, affirmed, without costs. Memorandum: Petitioner, a chemist in the Syracuse Police Laboratory, was suspended without pay on January 5, 1980 pending charges on grounds of misconduct. After a hearing he was found guilty of all charges and dismissed from his job; attempts to change this determination have been unsuccessful {Matter of Strader v Sardino, 88 AD2d 790). In this appeal respondent challenges the award of back pay to petitioner from February 4, 1980 to April 29, 1981 in the sum of $17,559.69. Petitioner should not have received compensation for the period from February 29, 1980 to June 5, 1980 as this delay was occasioned by his action in obtaining a stay {Matter of De Marco v City of Albany, 75 AD2d 674); therefore, using a per diem of $39.02 we reduce the amount of his back-pay award to $13,774.75. (Appeal from judgment of Supreme Court, Onondaga County, O’Donnell, J. — art 78.) Present — Simons, J. P., Hancock, Jr., Callahan, Denman and Moule, JJ.

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Bluebook (online)

88 A.D.2d 769, 451 N.Y.S.2d 503, 1982 N.Y. App. Div. LEXIS 17022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strader-v-city-of-syracuse-nyappdiv-1982.

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