BURIC v. SAFIR


4 A.D.3d 160 (2004)

772 N.Y.S.2d 36

JOHN BURIC, Appellant, v. HOWARD SAFIR, as Police Commissioner of the City of New York, et al., Respondents.

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

February 17, 2004.


With respect to the reduction for outside earnings during the period of the improper termination, the motion court correctly held that Civil Service Law § 77, which prohibits such a reduction, does not avail plaintiff since, by its terms, it applies to employees who were removed "in violation of the provisions of this chapter." Here, plaintiff was terminated pursuant to Administrative Code of the City of New York § 14-115.

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