May 17

NYS Civil Service Law Section 76

Section 76 of the New York State Civil Service Law permits aggrieved employees to appeal a determination after disciplinary proceeding to the NYC Civil Service Commission through an Article 78 proceeding. Civil Service Law section 76 states that the Commission’s decision “shall be final inconclusive, and shall not be subject to further review in any court.”
In the case of New York City Department of Environmental Crotection vs. the NYC Civil Service Commission decided on December 12, 1991 to the highest court in New York State, the Court of Appeals determined that unless the Commission has acted illegally, unconstitutionally or in excess of its jurisdiction an appeal of the discipline imposed by city agency (excluding NYPD) send to the NYC Civil Service Commission and in some way to altered by the Commission will not be reversed by the Courts.
EPA v. NYC Civil Service Commission 78 NY2d 318.

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