Court’s review of an administrative disciplinary action is limited to determining if the decision is supported by substantial evidence
The Commissioner of the Dutchess County Department of Social Services adopted the finding and recommendation of a hearing officer as to the employee’s being guilty of a certain charge of misconduct after a §75 disciplinary hearing and terminated the individual's employment.
The Appellate Division confirmed the Commissioner’s determination, denying the former employee’s petition “on the merits, with costs.”
The court explained that a court's review of administrative determinations in employee disciplinary cases made after a hearing under Civil Service Law §75 is limited to a consideration of whether the determination was supported by substantial evidence in the record of the hearing. In this instance, said the court, there was substantial evidence in the record to support the determination that the employee was guilty of misconduct
Further, the court found that the penalty of termination “was not so disproportionate to the offense as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law.”
The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2012/2012_02882.htm