ENVTL PROT. v. CIV SERV


78 N.Y.2d 318 (1991)

In the Matter of New York City Department of Environmental Protection, Appellant, v. New York City Civil Service Commission et al., Respondents.

Court of Appeals of the State of New York.

Decided September 12, 1991.


Attorney(s) appearing for the Case

Victor A. Kovner, Corporation Counsel (Elizabeth Dvorkin and Francis F. Caputo of counsel), for appellant.

Jean Rodgers Mills for New York City Civil Service Commission, respondent.

Jeffrey S. Wasserman for John Daly, respondent.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


Chief Judge WACHTLER.

Respondent John Daly, an employee of the Department of Environmental Protection's Owl's Head Water Pollution Control Plant, was charged with threatening Jerome Gibbs, a fellow employee, and then punching him in the stomach and knocking him into a wall. Earlier in the day, Gibbs had allegedly been the subject of a racially motivated attack. According...

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