Employee of Department of Environmental Protection was found to have been illegally terminated when New York City failed to give proper notice in Civil Service Law section 73 and Civil Service Law section 71 case.
Originally petitioner was terminated for failing to reply to a effort to terminate him for non occupational injury. Later<, respondents New York City changed the termination cause to a different section of the Civil Serivce Law section 71 without giving the employee Notice of the pending termination and an opportunity to be heard.
Section 73 involves termination for nonoccupational injuries. Civil service law section 71 relates to termination for occupational or on-the-job injuries. Part of the strategy and controversy was whether the employee of DEP should have conceded he received a non-occupational injury at the same time his workers compensation case was being contested.
The city and improperly changed the termination effort to an occupational injury without giving notice to the petitioner or opportunity for the petitioner be heard regarding whether he actually suffered an on the job injury.
This retroactive change of the type of injury was found by the court to be improper.
Judge Alexander Hunter the Supreme Court held that the question of the hearing was a moot question in so far as the notice and opportunity to be heard was violated.