Opinion
September 29, 1970
The determination of the Fire Commissioner dismissing petitioner-appellant from his position as supervising electrical inspector of the Fire Department of the City of New York is unanimously modified on the law to provide for the payment of back pay to the petitioner-appellant for a period of one year and, as thus modified, the determination is confirmed, without costs and without disbursements. Respondents in their brief agree that "There was a delay in continuance of the hearing and a delay in the making of the determination, for neither of which petitioner was responsible. We agree with petitioner's position that without regard to whether his dismissal is sustained, he is entitled to back pay to cover the period of delay. Allowing a reasonable time for hearing and disposition, we submit that such period is one year." Petitioner was suspended without pay for a period of 14 months before the final determination dismissing him was made. While he waived the limitation of the 30-day period of suspension provided by section 75 Civ. Serv. of the Civil Service Law by asking for an adjournment, he thereafter repeatedly pressed for a hearing to no avail for many months. Under those circumstances, petitioner was entitled to back pay for the period of delay, limited to one year's salary. In all other respects, we find that the record presents substantial evidence to support the findings of the Fire Commissioner, and that dismissal was an appropriate disciplinary action. Settle order on notice.
Concur — Stevens, P.J., Eager, McGivern and Nunez, JJ.