Dombroski v. Bloom

Casey, J. P.,

dissents and votes to affirm in a memorandum. Casey, J. P. (dissenting). I would affirm the judgment of Supreme Court dismissing the petition. The majority concludes that petitioner Gregory Dombroski had the option "of pursuing his statutory remedy under Civil Service Law §75 or utilizing the contract’s grievance machinery” (emphasis in original). Civil Service Law § 75 contains substantive and procedural provisions which govern removal and other disciplinary action at the administrative level. Although Civil Service Law § 75 apparently serves as the legal basis or theory for…