NY Civ Serv L § 76 (2021)
2021 New York Laws CVS - Civil Service Article 5 - Personnel Changes Title B - Removal and Other Disciplinary Proceedings 76 - Appeals From Determinations in Disciplinary Proceedings.

§ 76. Appeals  from  determinations  in  disciplinary  proceedings. 1.   Appeals.   Any officer or employee  believing  himself  aggrieved  by  a   penalty  or  punishment of demotion in or dismissal from the service, or   suspension  without  pay,  or  a  fine,  or   an   official   reprimand,   unaccompanied  by  a remittance of said officer or employee's prehearing   suspension without pay, imposed pursuant to the  provisions  of  section   seventy-five  of this chapter, may appeal from such determination either   by  an  application  to  the  state  or  municipal   commission   having   jurisdiction,  or  by an application to the court in accordance with the   provisions of article seventy-eight of the civil practice law and rules.   If such person elects to appeal to such  civil  service  commission,  he   shall  file  such  appeal in writing within twenty days after service of   written notice of the determination to be reviewed, such written  notice   to  be  delivered  personally  or  by  registered mail to the last known   address of such person and when notice is given by registered mail, such   person shall be allowed an additional three days in which to  file  such   appeal.2.  Procedure  on  appeal.  Where  appeal  is  taken  to  the state or   municipal commission having jurisdiction, such commission  shall  review   the  record  of  the  disciplinary  proceeding and the transcript of the   hearing, and shall determine such appeal on the basis of such record and   transcript and such oral or  written  argument  as  the  commission  may   determine.  The commission may direct that such appeal shall be heard by   one or more members  of  the  commission  or  by  a  person  or  persons   designated  by  the  commission  to  hear such appeal on its behalf, who   shall report thereon with recommendations to the commission.  Upon  such   appeal  the  commission  shall  permit the employee to be represented by   counsel.3. Determination on appeal. The determination  appealed  from  may  be   affirmed,  reversed,  or modified, and the state or municipal commission   having jurisdiction may, in its discretion, direct the reinstatement  of   the appellant or permit the transfer of such appellant to a vacancy in a   similar  position  in another division or department, or direct that his   name be placed upon a preferred list pursuant to section  eighty-one  of   this  chapter.  In  the  event  that  a  transfer  is  not effected, the   commission is empowered to direct the reinstatement of such  officer  or   employee.    An  employee  reinstated pursuant to this subdivision shall   receive the salary or compensation he would have been entitled by law to   have received in his position for the period of  removal  including  any   prior  period  of  suspension  without  pay,  less  the  amount  of  any   unemployment insurance benefits he may have received during such period.   The decision of  such  civil  service  commission  shall  be  final  and   conclusive, and not subject to further review in any court.4.  Nothing  contained  in section seventy-five or seventy-six of this   chapter shall be construed to repeal or modify any general,  special  or   local  law or charter provision relating to the removal or suspension of   officers or employees in the competitive class of the civil  service  of   the  state  or  any  civil  division. Such sections may be supplemented,   modified or replaced by agreements negotiated between the state  and  an   employee  organization  pursuant  to  article  fourteen of this chapter.   Where such sections are  so  supplemented,  modified  or  replaced,  any   employee against whom charges have been preferred prior to the effective   date of such supplementation, modification or replacement shall continue   to  be  subject  to  the provisions of such sections as in effect on the   date such charges were preferred.