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PEREZ v. DEPT. OF LABOR

259 A.D.2d 161 (1999)

697 N.Y.S.2d 718

In the Matter of HILTON PEREZ, JR., Respondent, v. NEW YORK STATE DEPARTMENT OF LABOR et al., Appellants.

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

November 4, 1999.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Lew A. Millenbach of counsel), for appellants.

Gleason, Dunn, Walsh & O'Shea, Albany (Mark T. Walsh of counsel), for respondent.

CARDONA, P. J., SPAIN and GRAFFEO, JJ., concur with CREW III, J.; MUGGLIN, J., dissents in a separate opinion.

OPINION OF THE COURT

CREW III, J.

When the parties were last before us, we annulled a determination of respondent Commissioner of Labor which, inter alia, found petitioner guilty of certain charges of misconduct (see, 244 A.D.2d 844). As to remedy, we directed that petitioner be reinstated to his former position with respondent Department of Labor, together with back pay and benefits. Our decision in this...

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