Fourth Department –Williams v. Troiano

Listen to this article

Appellate Division, Fourth Department

Article 78

Civil Service Law – Procedural Requirements

Williams v. Troiano

TP 14-01088

Transferred from Supreme Court, Onondaga County

Background: The petitioner firefighter employed by the City of Syracuse was removed from active duty because of an on-the-job hypoglycemic incident caused by his diabetes. The petitioner had not been placed on notice of immediate involuntary leave absence, despite the engagement of negotiations between the union and the city. The petitioner commenced an article 78 proceeding seeking to annul the determination that he was unfit for active duty.

Ruling: The Appellate Division modified the determination by awarding the petitioner back pay and reinstating all benefits up until the determination finding the petitioner unfit for service. The court noted that the failure by respondents to strictly comply with the procedural requirements of the Civil Service Law rendered any determination prior to final determination a nullity. However, the conclusion that the petitioner was unfit for duty was based on substantial evidence.

Nathaniel G. Lambright of Blitman & King for the petitioner; James McGinty, corporation counsel and Thomas H. Kutzer, county attorney, for the respondents