From Casetext: Smarter Legal Research

Matter of Walker v. Roach

Appellate Division of the Supreme Court of New York, Second Department
Jul 19, 1993
195 A.D.2d 563 (N.Y. App. Div. 1993)

Opinion

July 19, 1993

Appeal from the Supreme Court, Kings County (Huttner, J.).


Ordered that the judgment is modified, on the law, by adding a provision thereto reducing the back pay awarded to the petitioner by the amount of any unemployment insurance benefits received by the petitioner since his resignation took effect; as so modified, the judgment is affirmed, with costs to the petitioner, and the matter is remitted to the Supreme Court, Kings County, for a calculation of the amount of back pay due to the petitioner.

We agree with the Supreme Court that, under the circumstances of this case, the appellants' refusal to allow the petitioner to withdraw his resignation within hours after the time it was tendered and before it was to take effect was an improvident exercise of discretion (see, Matter of Wonderly v. Division of N Y State Police, 80 A.D.2d 974). Moreover, the resignation was based on unproven allegations of misconduct which the petitioner should have been afforded an opportunity to rebut (see, Matter of Farrar v. State of New York, Wassaic Dev. Ctr., 92 A.D.2d 546).

However, in granting the petition and ordering the petitioner's reinstatement, the Supreme Court should have reduced the award of back pay by the amount of unemployment insurance benefits received by the petitioner during that period, if any (see, Civil Service Law § 75). The matter is therefore remitted to the Supreme Court, Kings County, for a calculation of an appropriate award of back pay. Rosenblatt, J.P., Copertino, Pizzuto and Joy, JJ., concur.


Summaries of

Matter of Walker v. Roach

Appellate Division of the Supreme Court of New York, Second Department
Jul 19, 1993
195 A.D.2d 563 (N.Y. App. Div. 1993)
Case details for

Matter of Walker v. Roach

Case Details

Full title:In the Matter of HAMOND WALKER, Respondent, v. PATRICIA A. ROACH, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 19, 1993

Citations

195 A.D.2d 563 (N.Y. App. Div. 1993)
600 N.Y.S.2d 485

Citing Cases

Kane v. Bd. of Trustees

Thus, a commonsense interpretation of the message has to be that the withdrawals were intended and did negate…

In re of Martinez

It is of note that Santiago's initial explanation for her refusal to consent to the withdrawal of the letter…