Mallwitz v. State
Opinion of the Court
— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Inasmuch as we find no merit to petitioner’s cross appeal and no reason for not proceeding expeditiously with the administrative hearing, we vacate the stay of the disciplinary proceeding. Respondents’ answer raises factual issues pertaining to whether petitioner, through his own dilatory conduct, has forfeited his claim to back pay under subdivision 3 of section 75 of the Civil Service Law (see Gerber v New York City Housing Auth., 42 NY2d 162; Matter of Fusco v Griffin, 67 AD2d 827). Accordingly, that part of the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.