A Middletown police officer was fired illegally because one of the days on which her discharge hearing took place was the Sabbath, a judge in Orange County has held. Supreme Court Justice Catherine Bartlett in Edwards v. City of Middletown, 1821/2013, said that a petitioner cannot even consent to a Sunday hearing since the statute expresses unwaivable public policy.
The statute at issue is Judiciary Law §5, which says courts generally cannot conduct business on Sundays, or Saturdays if any of the parties keep the last day of the week holy. Here, the proceedings which led to Colleen Edwards’ dismissal occurred on a number of days, one of which was a Sunday.
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