Anthony M. Crimaldi v. United States of America, United States Civil Service Commission and the Chief Executive Officer of the Postal Corporation

VAN GRAAFEILAND, Circuit Judge:

Defendants appeal from a summary judgment of the United States District Court for the Southern District of New York awarding plaintiff, a discharged postal employee, $17,408.19 in back pay. The court found that, although plaintiff’s discharge was justified, he was entitled to back pay because the Civil Service Commission delayed in giving him a hearing. Because we do not believe that the delay, for which plaintiff was responsible in part, entitled him to back pay, we reverse.

Plaintiff was a window clerk at the Postal Service’s Canal Street Station in New York…