Matter of Hodella v. Chief of Police of the Town of Greenburgh

In Matter of Hodella v. Chief of Police of the Town of Greenburgh, 73 A.D.2d 967, app. denied, 49 N.Y.2d 708, petitioner sustained a back injury in the performance of his duties as a police officer and had performed sedentary light work at full salary pursuant to GML 207-c(3). Respondents asserted that petitioner was frequently absent from work and on April 21, 1978, respondents advised petitioner that "in the event he refused to perform the work assigned to him, his salary would be discontinued." (Matter of Hodella, 73 A.D.2d at 968). On July 27, 1978, the Chief of Police had advised petitioner that the department had deducted his pay for June 11, 1978 since he was absent from the ordered duty due to a previously reported disability. On appeal, the Court affirmed the lower court's holding that "absent an evidentiary hearing pursuant to section 75 of the Civil Service Law, respondents could not legally dock petitioner a day's pay. Although subdivision 3 of section 207-c of the General Municipal Law grants municipalities the right to discontinue the salary of partially injured police officers who refuse to perform assigned light work, this great power may not be exercised summarily where, as here, the officer has received a permanent appointment. Rather, subdivision 3 should be read in conjunction with section 75 of the Civil Service Law and the constitutional guaranties of due process, which require that petitioner, as a permanent civil service appointee, be granted an evidentiary hearing, with notice and an opportunity to be heard, where removal or other disciplinary action is sought ...." (Id.)