[Download] "Matter Alfred J. Bentley v. Anthony A. Henninger" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Matter Alfred J. Bentley v. Anthony A. Henninger
- Author : Supreme Court of New York
- Release Date : January 27, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Memorandum: Under section 227 of the Charter of the City of Syracuse, our review of the determination by the Mayor is limited to ""questions of law"". This includes the question of whether there is substantial evidence to support the determination. We find that there is such evidence and therefore we affirm the determination. A question is raised by the appellant as to the length of time which elapsed between the suspension of the appellant and the determination by the Mayor. Under section 22 of the Civil Service Law (now § 75 of the revised Civil Service Law), an officer or employee may be suspended without pay pending the determination of charges, ""for a period not exceeding thirty days"". The suspension in this case ran for more than 30 days and the appellant may be entitled to back pay for the period of suspension in excess of the statutory limit, to the extent to which the delay in reaching a determination was not attributable to his own conduct (Matter of Fay v. Lyons, 202 Misc. 789, affd. 282 App. Div. 90; Matter of Finck v. Bliss, 205 Misc. 775; cf. Matter of