Opinion
November 19, 1984
Proceeding dismissed, without costs or disbursements.
A determination resulting in a mere reprimand is not reviewable under subdivision 1 of section 76 Civ. Serv. of the Civil Service Law. The failure to remit petitioner's prehearing suspension without pay did not constitute a posthearing penalty entitling him to a review of respondents' determination.
In Delaney v Del Bello ( 81 A.D.2d 566), we clearly distinguished a nonappealable prehearing suspension without pay from a posthearing penalty of suspension assessed by an agency against an employee after a final determination of a disciplinary matter. In providing for the imposition of a prehearing payless suspension, subdivision 3 of section 75 Civ. Serv. of the Civil Service Law does not mandate that the suspension be remitted after a hearing if the employee is found guilty of disciplinary charges. Accordingly, we hold that the decision not to remit the prehearing payless suspension does not constitute a posthearing penalty. Therefore, since the penalty assessed against petitioner after the hearing consisted only of a reprimand, under subdivision 1 of section 76 Civ. Serv. of the Civil Service Law, respondents' determination is not reviewable and the petition is dismissed (see Matter of Wohlrab v Miles, 82 A.D.2d 836; Matter of Mercer v New York City Tr. Auth., 56 Misc.2d 974). Mangano, J.P., O'Connor, Brown and Niehoff, JJ., concur.