WIGGINS v. BD. OF EDUC.


60 N.Y.2d 385 (1983)

In the Matter of Joseph Wiggins, Respondent, v. Board of Education of the City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided December 1, 1983.


Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Aaron I. Blinder of counsel), for appellants.

Paula J. Omansky for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in Per Curiam opinion.


Per Curiam.

A hearing officer's failure to include recommendations as to discipline when preparing his or her report after a disciplinary hearing pursuant to subdivision 2 of section 75 of the Civil Service Law, does not strip the appropriate body of jurisdiction to impose sanctions upon an employee. It was error, therefore, for the Appellate Division to order petitioner's reinstatement on this ground.

Petitioner...

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