McMahon v. Levitt

Appeal from a judgment of the Supreme Court at Special Term, entered September 11, 1973 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to direct the Comptroller to pay petitioner back salary alleged to be due him. The relevant facts are not disputed. Petitioner, who had been employed in the Department of Taxation and Finance, was suspended without pay pending a hearing. His suspension was based on charges of misconduct involving the forgery of lottery tickets for which he had been arrested. He ultimately pleaded guilty to one count of…