Appealing Employee Disciplinary Action in the New York Supreme Court

 Posted on February 26, 2021 in Civil Service Employment and Job Defense

In New York, civil service employees who are subject to disciplinary action based on the outcome of a hearing have options to appeal the action if they believe it to have been issued in error. One such option, outlined in Article 78 of the New York Civil Practice Law & Rules, is to file a proceeding against the body or officer who issued the decision. Appeals of this nature are heard in New York Supreme Court, and it is important for an employee to be represented by an experienced attorney who understands how the process works and how to achieve a successful outcome.

When Can an Appeal Be Heard in New York Supreme Court?

If you need to appeal a disciplinary action, it is important to determine the venue through which you should proceed. In some cases, it may be best to take your appeal before the New York Civil Service Commission (CSC). However, the time frame for filing an appeal with the CSC is only 20 days after the disciplinary decision is issued. If this deadline has passed, or if the CSC has declined to hear your appeal, you can instead bring your case before the Supreme Court. You have significantly more time to initiate this process: up to 120 days from the date of the disciplinary action.

What Happens During an Appeal to the Supreme Court?

Article 78 of the Civil Practice Law & Rules allows a petitioner to appeal a variety of actions of public officers, bodies, and agencies. However, of greatest relevance to employee discipline cases is the ability to appeal a determination made at a hearing on the grounds that it was made in error, in violation of procedure, or without sufficient evidence. Employees can also appeal on the grounds that the disciplinary action constitutes abuse or an overstep on the part of the hearing officer.

When you appeal to the Supreme Court, you will need to submit a petition identifying the party against whom you are taking action and your grounds for pursuing an appeal, along with supporting affidavits. The respondent party will be expected to submit an answer to your petition, and they may be asked to submit a record of the proceedings through which the disciplinary action was determined. The court will review the materials submitted by the petitioner and the respondent, and a hearing or trial may be scheduled if necessary for the court to make a decision. While your case is under review, the court may grant a stay on the enforcement of the disciplinary action you are facing. If the court finds evidence of error or impropriety in the disciplinary proceeding and judges in your favor, it may order that the disciplinary action against you be modified or annulled, and it may also order relief for damages you have incurred as a result of the disciplinary action.

Contact a New York Employee Discipline Appeal Attorney

At The Law Firm of Gregory J. Watford, Esq. PLLC, we have a thorough understanding of all of the options that civil service employees have for appealing a disciplinary action. We can help you decide whether to take your case before the Supreme Court or pursue a different avenue of relief, and we will work to ensure you are fully prepared for the appeal process. Contact a Manhattan civil service employee defense lawyer today at 646-580-6675.

Source:

https://www.nysenate.gov/legislation/laws/CVP/A78