Justice Cynthia Kern

Employee Bey sought a declaration that the New York City Civil Service Commission (CSC) engaged in illegal conduct when it failed to sustain the decision and penalty imposed by the New York City Housing Authority (NYCHA). He sought an order directing CSC to reinstate his employment in compliance with NYCHA’s decision. CSC cross-moved for dismissal of the complaint for failure to state a cause of action. Bey was charged with incompetency and misconduct arising from three incidents, including insubordination and permitting unauthorized persons in the NYCHA buildings to perform some or all of Bey’s duties as a caretaker. A trial officer sustained two of three charges against Bey and recommended suspension of 44 work days. The NYCHA Board adopted the finding of guilt, but rejected the recommended penalty, finding termination was appropriate. The CSC affirmed the board’s decision, after Bey appealed, finding no reversible error. The court stated a CSC determination was unreviewable unless there was a showing the commission acted in excess of its authority or in violation of the state’s constitution. It ruled CSC’s affirmation was not illegal, unconstitutional or in excess of CSC’s jurisdiction, granting dismissal of the petition.