As a White Plains Employment Attorney, I will have municipal employees who come to me after they have been through a full disciplinary process. That process can include the receipt to those charges and the ability to answer those charges in writing. Then a full administrative hearing will be granted before an appointed officer where testimonies can be taken and exhibits can be offered in evidence. After that hearing, a recommendation is made to the appointing authority and the appointing authority may decide to fire that individual. People come to me as a White Plains Employment Attorney and say "can I appeal that termination?", and the answer is yes.
There is a very specific article of the New York state civil practice and rule, its called article 78, it is a special proceeding and it is an abbreviated type summary proceeding where an employee can challenge that determination. That challenge is typically commenced by a petition and a notice of petition, it gives the municipality an opportunity to present to the court the entire basis for the decision. Depending upon the issues raised in the petition, it will either be decided by the state supreme court, or transferred to the appealing division of the state supreme court for the decision.
Are you a civil service employee that has been recently terminated? Contact our experienced White Plains Employment Attorney Jane Gould to help.
This informational blog post was provided by Jane Gould, an experienced White Plains Employment Attorney.