Kemp v. Gunn
Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York City Transit Authority (hereinafter the Transit Authority), dated January 2, 1987, which, after a hearing, sustained a charge of misconduct and terminated the petitioner’s employment.
Adjudged that the petition is granted to the extent that the matter is remitted to the Transit Authority for computation of the amount of back pay owed to the petitioner; in all other respects, the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
Assuming, as argued by the petitioner, that the Hearing Officer erred in admitting into evidence the transcript of a taped conversation between the petitioner and an informant, the Transit Authority’s determination need not be annulled. The evidence adduced at the hearing, exclusive of the transcript, was "sufficient to satisfy a reasonable man, of all the facts necessary to be proved in order to authorize the determination” (Matter of Weber v Town of Cheektowaga, 284 NY 377, 380).
Moreover, we do not find the penalty of dismissal to be an abuse of the Transit Authority’s discretion under the circumstances at bar (see, Matter of Pell v Board of Educ., 34 NY2d 222; Matter of Duran v Gunn, 135 AD2d 628).
However the matter must be remitted to the Transit Authority based upon our determination that Civil Service Law § 75 (3), which provides that an employee may be suspended
We have considered the remaining contentions raised by the petitioner and find them to be without merit. Mollen, P. J., Mangano, Thompson and Brown, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.