TO SEARCH this database type in a word or phrase in the box in the upper left and any material containing the word or phrase will be displayed for your review.

Also, §22 of the New York State's General Construction Law, in pertinent part, provides that “Whenever words of the masculine or feminine gender appear in any law, rule or regulation, unless the sense of the sentence indicates otherwise, they shall be deemed to refer to both male or female persons.” NYPPL typically follows this protocol.

December 14, 2011

Employee found guilty of misconduct based on hearsay evidence presented at the disciplinary hearing

Employee found guilty of misconduct based on hearsay evidence presented at the disciplinary hearing
Matter of Matter of Paul v Israel, 2011 NY Slip Op 08947, Appellate Division, Second Department

Josephine Paul challenged the Westchester Medical Center’s decision to terminate her following a Civil Service Law §75 disciplinary hearing in which she was found guilty of misconduct, contending that the hearing officer’s determination was not supported by substantial evidence and was based on hearsay testimony.

The Appellate Division confirmed the appointing officer’s decision and dismissed her petition challenging the penalty imposed “on the merits.”

Finding that there was substantial evidence in the record to support the determination of the Westchester Medical Center that Paul was guilty of misconduct, the court ruled that her argument that the administrative determination is not supported by substantial evidence because the evidence presented was hearsay was without merit.

As to the penalty imposed, termination, the Appellate Division said that dismissal “was not so disproportionate to the offense committed as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law,” citing Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222.

Frequently the use of hearsay evidence in a disciplinary hearing is claimed to justify the vacating of an adverse disciplinary decision. In Roldan v Bartton, 203 A.D.2d 368, Roldan argued that the hearing officer had improperly admitted "certain hearsay evidence" in the course of the hearing. The court said that Roldan's contention was "unpersuasive," holding that "it is well settled that hearsay is admissible in administrative hearings and may form the basis of an adverse determination," citing Gray v Adduci, 73 NY2d 741.

The Paul decision is posted on the Internet at: 
http://www.courts.state.ny.us/reporter/3dseries/2011/2011_08947.htm

Public Personnel Law E-books

The Discipline Book - A concise guide to disciplinary actions involving public employees in New York State set out in a 700 page e-book. For more information click on http://booklocker.com/books/5215.html

A Reasonable Disciplinary Penalty Under the Circumstances - A 442-page e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. Now available in two formats - as a large, paperback print edition and as an e-book. For more information click on

http://booklocker.com/books/7401.html


The Layoff, Preferred List and Reinstatement Manual - A 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html


General Municipal Law §§207-a and 207-c - Disability Leave for fire, police and other public sector personnel - A 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder. For more information click on

http://booklocker.com/books/3916.html


Please Note:

Subsequent court and administrative rulings, or additions or amendments to laws, rules and regulations may have modified or clarified or vacated or reversed or otherwise have had an impact on the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, REMEMBER THAT CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG.

THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher, editor, contributors or members of the staff are not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is advised to seek such advice from a competent professional.