Harris v. City of Mount Vernon

In the instant proceeding pursuant to CPLR article 78, the petitioners challenge the determination of the City of Mount Vernon terminating their employment. The Supreme Court, Westchester County, referred the issues of the petitioners’ “employment status at the time of their termination and . . . whether any of them were required to exhaust any administrative remedies under the Civil Service Law prior to commencing this Article 78 proceeding” to a Judicial Hearing Officer (hereinafter JHO) to hear and determine (see CPLR 7804 [h]).

The JHO issued a determination dated July 12, 2010, wherein he…