Perez v. New York State Department of Labor
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Crew III, J.
When the parties were last before us, we annulled a determination of respondent Commissioner of Labor which, inter alia, found petitioner guilty of certain charges of misconduct (see, 244 AD2d 844). As to remedy, we directed that petitioner be reinstated to his former position with respondent Department of Labor, together with back pay and benefits. Our decision in this regard stemmed from the fact that the record in the underlying CPLR article 78 proceeding was devoid of a written designation appointing the Hearing Officer who presided over petitioner’s…
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