Matter of Horn v New York City Civ. Serv. Commn.

Matter of Horn v New York City Civ. Serv. Commn. 2007 NY Slip Op 06922 [43 AD3d 760] September 25, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 7, 2007

In the Matter of Martin Horn, as Commissioner of the New York City Department of Correction, Appellant,
v
New York City Civil Service Commission, Respondent, and Sharhann Lane, Respondent.

—[*1] Michael A. Cardozo, Corporation Counsel, New York (Alan Beckoff of counsel), for appellant.

Koehler & Isaacs LLP, New York (Mercedes M. Maldonado of counsel), for Sharhann Lane, respondent.

Order and judgment (one paper), Supreme Court, New York County (Shirley Werner Kornreich, J.), entered August 14, 2006, which granted the motion of respondent correction officer (Lane) to dismiss a CPLR article 78 proceeding brought by petitioner Commissioner of the New York City Department of Correction seeking to annul respondent New York City Civil Service Commission's determination reinstating respondent Lane to her position as a correction officer, unanimously affirmed, without costs.

The court properly dismissed the petition. The determination of respondent New York City Civil Service Commission is subject to judicial review only if "the agency has acted illegally, unconstitutionally, or in excess of its jurisdiction" (Matter of New York City Dept. of Envtl. Protection v New York City Civ. Serv. Commn., 78 NY2d 318, 323 [1991]). Petitioner's [*2]arguments that the determination was against public policy and inconsistent with the Commission's prior precedents do not fall within that scope of judicial review. Concur—Tom, J.P., Saxe, Friedman, Gonzalez and McGuire, JJ.