Mercer v. New York City Transit Authority

The petitioner in this article 78 proceeding is a bus driver who was given a reprimand, after a departmental hearing, for driving his bus ahead of schedule. The consequence of the reprimand is that the petitioner was given a performance rating penalty of %%.

The authority for giving petitioner a reprimand after a hearing is contained in subdivision 3 of section 75 of the Civil Service Law. Section 76 of the same law specifies those employees who may appeal from penalties or punishments meted out after hearings held pursuant to section 75. Such employees are those believing themselves “…