Hayward v. Cornelius

Appeal from a judgment of the Supreme Court which directed appellant to accord petitioner a hearing upon charges. Petitioner’s two telephone messages constituted an “ explanation ” within the meaning of the Rules for the Classified Service (4 NYCRR 5.3 [d]) and the question whether the explanation was true or false is not the issue now before us. (See Matter of Dunn v. Simon, 16 A D 2d 719, 720, mot. for Iv. to app. den. 11 N Y 2d 646.) Petitioner took no cross appeal and cannot well complain that Special Term granted the alternative relief that he requested; nor can the appellant object,…