Summary
In Tomaka v. Evans-Brant Cent. School Dist. (65 N.Y.2d 1048), it was held that a letter of reprimand placed in an employee's file did not constitute a reprimand within the meaning of Civil Service Law § 75. It follows then that oral counseling, such as was administered in the instant case, is also not discipline within the provisions of Civil Service Law § 75. Thus, petitioner was not disciplined twice and double jeopardy considerations do not apply.
Summary of this case from Matter of Yerry v. Ulster CountyOpinion
Decided September 19, 1985
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, George F. Francis, J.
Ronald L. Jaros for appellant.
Phillip Brothman for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 107 A.D.2d 1078).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.