Opinion
1912, 1912A.
October 21, 2003.
Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered November 15, 2002, which granted the petition brought pursuant to CPLR article 78 to annul respondents' determination, dated January 28, 2002, dismissing petitioner from his civil service position, and directed petitioner's reinstatement with back pay, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered October 28, 2002, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
Stuart Lichten, for petitioner-respondent.
Sharyn Rootenberg, for respondents-appellants.
Before: Tom, J.P., Saxe, Rosenberger, Marlow, JJ.
The petition was properly granted since respondents unlawfully terminated petitioner, a permanent competitive class civil service employee since 1993, from his position without affording him the hearing to which he was entitled pursuant to Civil Service Law § 75 (see Matter of Tanner v. County of Nassau, 88 A.D.2d 661).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.