91 A.D.2d 1116 | N.Y. App. Div. | 1983
— Appeal from a judgment of the Supreme Court at Special Term (Fischer, J.), entered March 22, 1982 in Chemung County, which converted petitioners’ proceeding, brought pursuant to CPLR article 78, into an action for declaratory judgment as it pertained to some petitioners and directed respondents to pay over salary withheld from petitioners. Petitioners are teachers, nurses, pharmacists, secretaries, and other civilian employees at the Elmira Correctional Facility who did not work during a strike by correction officers at the facility in 1979. Following the strike, each petitioner received a notice of a determination of participation in the strike in violation of subdivision 1 of section 210 of the Civil Service Law. Petitioners filed objections to these determinations, explaining that their absences were caused by legitimate reasons, mainly inability to cross the correction officers’ picket line. Nonetheless, two days’ pay for each day of absence during the strike was deducted from each petitioner’s paycheck, pursuant to section 210 (subd 2, par [g]) of the Civil Service Law. Subsequently, some petitioners were exonerated of charges of participation in illegal strike activity, and the others were determined to require hearings.
Following Special Term’s decision in the instant proceeding, all petitioners were exonerated for all days they had been initially determined to be on strike.