Stay of disciplinary case denied where time requested for completion of
related criminal investigation was indeterminate.
ALJ Addison denied a pre-trial motion made by a civil servant to stay her
disciplinary proceeding pending the outcome of a criminal investigation.
Since there is no constitutional bar to moving forward with the disciplinary
action, the motion was addressed to the ALJ's discretion. Where, as
here, criminal charges had not yet been brought, respondent was asking
for an indeterminate stay. Such stays are disfavored because petitioner
has an interest in the prompt resolution of misconduct allegations and
having respondent, or someone else, fulfill her job responsibilities.
Dep't of Homeless Services v. Simmons
(in PDF), OATH Index No. 2042/12, mem. dec. (July 24, 2012), adopted,
City Clerk's Dec. (Aug. 1, 2012).