New York Court of Appeals, 1980

Matter of Pelaez v. Waterfront Comm'n of New York Harbor

New York Court of Appeals · Decided January 15, 1980 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur

48 N.Y.2d 1021; 402 N.E.2d 120; 425 N.Y.S.2d 781; 1980 N.Y. LEXIS 2070

Cases that cite this one

6 later published cases cite this decision.

Garcia v. New York City Department of Health & Mental Hygiene (Appellate Division of the Supreme Court of New York 2016)
Eastern Pork Products Co. v. New York State Division of Housing & Community Renewal (Appellate Division of the Supreme Court of New York 1994)
M & M Partnership v. Sweenor (Appellate Division of the Supreme Court of New York 1994)
Plattsburgh Publishing Co. v. Dashnaw (Appellate Division of the Supreme Court of New York 1981)
Board of Education v. Ambach (Appellate Division of the Supreme Court of New York 1981)
Pelaez v. Waterfront Commission (Appellate Division of the Supreme Court of New York 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order appealed from should be reversed and the matter remitted for a determination of the issue raised by the article 78 proceeding.

The Appellate Division erred in concluding that the order of Special Term, which directed that petitioner’s suspension should be one with pay until the completion of the disciplinary hearing on the charges against him, was nonfinal. The petition was one aimed only at challenging the payless suspen *1023 sion. Special Term, having ordered petitioner to be paid during the suspension, resolved the entire proceeding and no action other than the purely ministerial one involved in restoring petitioner to the payroll remained to be taken by the commission.

Nor does the fact that the disciplinary hearing was still pending before the commission at the time render the order nonfinal (see, e.g., Matter of Board of Educ. v Nyquist, 48 NY2d 97; Matter of Jerry v Board of Educ., 35 NY2d 534; Cohen and Karger, Powers of the New York Court of Appeals, § 31, pp 127-128). In this regard, we note that any challenge to the outcome of the hearings would have to be brought by way of an independent article 78 proceeding (cf. Matter of Sofair v State Univ. of N. Y. Upstate Med. Center Coll. of Medicine, 44 NY2d 475, 479).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order reversed, with costs, and the matter remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.