There is a recent Fourth Department decision that might be of interest to those of you who handle public sector labor law matters. In Matter of Watson v City of Jamestown, 2006 NY Slip Op 02078, the Court considered the issue of whether a disciplinary proceeding against a police officer should be stayed pending resolution of related criminal charges against the officer.
The Court concluded that:
"Prohibition is an extraordinary remedy to be granted only if action taken or to be undertaken is clearly without jurisdiction or in excess of jurisdiction" (Matter of Mountain, 89 AD2d 632, 633). "[A] criminal defendant has no right to stay a disciplinary proceeding pending the outcome of a related criminal trial" (id.; see Matter of Geary, 80 Misc 2d 963, 965). We reject the contention of petitioner that a stay is required in order to protect his constitutional rights.
I'm not sure where the other Departments stand on this issue, but this decision is worth taking note of for those who handle these types of matters in the Fourth Department.