Legal Opinion

Wiggins v. Board of Education

New York Court of Appeals

Decided December 1, 1983PublishedCited by 46 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

A hearing officer’s failure to include recommendations as to discipline when preparing his or her report after a disciplinary hearing pursuant to subdivision 2 of section 75 of the Civil Service Law, does not strip the appropriate body of jurisdiction to impose sanctions upon an employee. It was error, therefore, for the Appellate Division to order petitioner’s reinstatement on this ground.

Petitioner was hired as a motor vehicle operator by the board of education’s Office of Food Services on November 5, 1975. About two years later, respondent chancellor pre*387ferred charges…

3Cases cited7 opinions

  1. Simpson v. WolanskyNew York Court of Appeals · 1975
  2. People Ex Rel. Hayes v. . WaldoNew York Court of Appeals · 1914
  3. Sinicropi v. MiloneAppellate Division of the Supreme Court of the State of New York · 1981
  4. Blount v. ForbesAppellate Division of the Supreme Court of the State of New York · 1937
  5. Klein v. Department of Mental HygieneAppellate Division of the Supreme Court of the State of New York · 1961

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4Cited by46 opinions

  1. MATTER OF GOMEZ v. StoutNew York Court of Appeals · 2009
  2. Stein v. County of RocklandAppellate Division of the Supreme Court of the State of New York · 1999
  3. Jackson's Marina, Inc. v. JorlingAppellate Division of the Supreme Court of the State of New York · 1993
  4. Salley v. Hempstead School DistrictAppellate Division of the Supreme Court of the State of New York · 1986
  5. Stevens v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1990

41 more not listed; retrieve them via the Exa API.

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