Summary
In Matter of Sterling v. Levitt, 168 AD2d 314, 315 (1st Dep't 1990), appeal denied, 77 NY2d 1991), the First Department addressed whether petitioner, who had been improperly disqualified from a position and then later found qualified, was entitled to the remedy of back pay, irrespective of any finding of bad faith.
Summary of this case from Young v. Vill. Bd. of the Vill. of GouverneurOpinion
December 13, 1990
Appeal from the Supreme Court, New York County (Myriam J. Altman, J.).
Respondents' determination that petitioner lacked the requisite experience for the position of stockhandler, to which he had been permanently appointed by the New York City Department of Sanitation, resulted in his disqualification. Subsequently, the Civil Service Commission reversed on the ground that there existed credible evidence that petitioner satisfied the necessary experience requirements of the position. Petitioner was reinstated with full benefits, including seniority and sick pay, but was denied back pay by respondents Department of Sanitation and Department of Personnel.
Respondents' position that petitioner is not entitled to the remedy of back pay, pursuant to Civil Service Law § 77, without a demonstration that his deprivation of employment arose out of respondents' "bad faith", is without merit. Neither the statute nor authorities requires bad faith as a predicate. All that need be shown is that petitioner's loss of employment was wrongful in that it violated his rights in law or contract. (See, Warner v. Board of Educ., 14 A.D.2d 300, affd. 12 N.Y.2d 924.) As respondents wrongfully interfered with petitioner's rights under the Civil Service Law, he is entitled to the remedy of back pay (Mauro v. Village of Freeport, 143 A.D.2d 75, lv. denied 73 N.Y.2d 702).
Concur — Carro, J.P., Asch, Kassal and Smith, JJ.