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SEABROOK v. KERIK

5 A.D.3d 223 (2004)

772 N.Y.S.2d 822

NORMAN SEABROOK et al., Appellants, v. BERNARD C. KERIK et al., Respondents.

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

March 16, 2004.

Administrative Code § 9-112, insofar as pertinent, provides that correction officers charged with crimes are to be suspended without pay for as long as the charges remain pending. This conflicts with the earlier enacted Civil Service Law § 75 (3), which, insofar as pertinent, provides that a civil servant may not be suspended without pay for more than 30 days pending the hearing and determination of charges of incompetency or misconduct (Matter of Meringolo v...

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