Fusco v. Griffin

— Judgment unanimously reversed, with costs, and petition granted. Memorandum: This is an appeal from a judgment of Special Term dismissing a petition seeking placement of appellant’s name on the payroll of the City of Buffalo and payment of appellant’s accrued salary from November 1, 1977 (the date petitioner’s name was removed from the payroll). The question before us concerns whether appellant may be considered to have waived his right to back pay because of his alleged responsibility for the delay in holding a hearing on the second set of charges lodged against him by respondents. These…