New York State Civil Service Law sect 76 allows permanent civil service employees to appeal disciplinary penalties.

The statute states in pertinent part: http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:

The New York City Civil Service Commission website explains the Commission’s role in the process:

http://www.nyc.gov/html/csc/html/appeals/s76disciplinary.shtml

After receiving discipline an employee may choose to file a lawsuit or Article 78

In the Matter of Juan C. Rivera v. Thomas P. DiNapoli, as Comptroller of the State of New York, et al.

In this Article 78, Petitioner sought for to review a determination of Respondent which denied Petitioner’s Application for disability retirement benefits.

In 2004, Petitioner Juan C. Rivera, a correction officer, suffered a heart attack