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April 18, 2006

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Harvey Randall

Pending criminal matters

The appointing authority has no obligation to postpone disciplinary action simply even if the county District Attorney requests administrative action be postponed. This was the point made by the court in Levine v New York City Transit Authority, 70 AD2d 900 (2nd Dept 1979), affirmed 49 NY2d 747 (1980)]

Sometimes an employer wishes to proceed with a disciplinary action at the same time as criminal charges are pending. Does this constitute "double jeopardy"? Courts have ruled this is not double jeopardy. For example, in Matter of the Haverstraw-Stony Point CSD, 24 Ed. Dept. Rep. 466; the Commissioner of Education ruled that a Section 3020-a hearing panel is not required to adjourn an administrative disciplinary hearing when parallel criminal proceedings are underway.

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