Kemp v. Gunn

Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York City Transit Authority (hereinafter the Transit Authority), dated January 2, 1987, which, after a hearing, sustained a charge of misconduct and terminated the petitioner’s employment.

Adjudged that the petition is granted to the extent that the matter is remitted to the Transit Authority for computation of the amount of back pay owed to the petitioner; in all other respects, the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Assuming, as argued…