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MATTER OF SKRYPEK v. BENNETT

7 N.Y.3d 919 (2006)

861 N.E.2d 812

829 N.Y.S.2d 448

In the Matter of RANDALL R. SKRYPEK et al., Appellants, v. WAYNE E. BENNETT, as Superintendent of the New York State Police, et al., Respondents.

Court of Appeals of New York.

Decided December 21, 2006.

Attorney(s) appearing for the Case

Gleason, Dunn, Walsh & O'Shea, Albany (Michael P. Ravalli and Thomas F. Gleason of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Frank K. Walsh, Caitlin J. Halligan, Daniel Smirlock and Andrea Oser of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ, SMITH and PIGOTT concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court reinstated.

When both the employer and employee are equally responsible for the delay in a disciplinary hearing, as is the case here, the employee may not properly be considered to have waived his right to back pay (see Matter of Fusco v Griffin, 67 A.D.2d 827 [4th Dept 1979...

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