MATTER OF GRIFFIN v. NEW YORK CITY DEP'T OF CORR.


179 A.D.2d 585 (1992)

In the Matter of Michelle Griffin, Petitioner, v. New York City Department of Correction et al., Respondents

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

January 30, 1992


While the matter was improperly transferred to this Court pursuant to CPLR 7804 (g), it must be dismissed. When an employee chooses to appeal a disciplinary determination to the Civil Service Commission pursuant to Civil Service Law § 76, substantial evidence and arbitrary and capricious standards of review are not applicable; neither is the penalty subject to review (Matter of New York City Dept. of Envtl. Protection v New York City Civ. Serv. Commn.,

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