O'Reilly v. Pisani

Proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent Commissioner of the White Plains Department of Building, dated March 16, 1979, as, after a hearing, found petitioner guilty of having thrice failed to comply with a directive of the commissioner (charge one, specifications one through three), and imposed the punishment of demotion. By order dated March 3,1980, this court remitted the proceeding to Special Term to hearing and report, inter alia, on whether petitioner’s constitutionally protected conduct was a motivating factor in the commissioner’s…