Bovino v. Scott

Both the Appellate Division and this court are vested with power, pursuant to CPLB, 7803 (subd. 3), to deal as a matter of law with the measure of discipline imposed on a subordinate civil service employee (Matter of Bell v. Waterfront Comm., 20 N Y 2d 54, 63; Matter of Donohue v. New York *217State Police, 19 N Y 2d 954; Matter of Walker v. Murphy, 15 N Y 2d 650).

The provisions of the Administrative Code of the City of New York (§ 487a-12.0), stating the measure of discipline in alternative terms of dismissal or suspension for 10 days for each offense in the case of charges heard by the Fire…