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MATTER OF DE MARTINO v. WEIL

149 A.D.2d 705 (1989)

In the Matter of Charles De Martino, Appellant, v. Michael Weil, as Chief of Eligibility Unit, Retirement Benefits, New York City Employees' Retirement System, et al., Respondents In the Matter of Charles De Martino, Appellant, v. New York City Transit Authority et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 24, 1989

Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the petitioner's contention, it was not necessary for the respondent New York City Transit Authority to reinstate him on the payroll before holding a hearing to reconsider what penalty to impose (cf., Matter of Brooklyn Audit Co. v Department of Taxation & Fin., 275 N.Y. 284; Matter of Flood v Monaghan, 201 Misc. 560).

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