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MATTER OF MERCER v. NEW YORK CITY TR. AUTH.

56 Misc.2d 974 (1968)

In the Matter of Leo Mercer, Petitioner, v. New York City Transit Authority et al., Respondents.

Supreme Court, Special Term, Kings County.

May 15, 1968

Attorney(s) appearing for the Case

Glass & Glass for petitioner. Sidney Brandes and Edward J. Babb for New York City Transit Authority, respondent. J. Lee Rankin, Corporation Counsel (George H. Parker of counsel), for City Civil Service Commission, respondent.

CHARLES J. BECKINELLA, J.

The petitioner in this article 78 proceeding is a bus driver who was given a reprimand, after a departmental hearing, for driving his bus ahead of schedule. The consequence of the reprimand is that the petitioner was given a performance rating penalty of ½%.

The authority for giving petitioner a reprimand after a hearing is contained in subdivision 3 of section 75 of the Civil Service Law. Section 76 of the same...

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