New York City Department of Environmental Protection v. New York City Civil Service Commission

Rosenberger and Asch, JJ.,

dissent in a memorandum by Rosenberger, J., as follows: I would annul the determination of the Civil Service Commission and reinstate the determination of the Administrative Law Judge (ALJ) which found respondent Daly guilty of the charges brought against him and imposed the penalty of dismissal.

It is undisputed that the resolution of the issues in this matter hinges on the credibility of the witnesses who testified at the hearing before the ALJ. By setting aside the determination of the Commissioner of the Department of Environmental Protection (DEP) which adopted…