Employee demoted after being found guilty of misconduct
2013 NY Slip Op 07363, Appellate Division, Fourth Department
In this action an employee asked the Appellate Division to annul a determination by the appointing authority finding the employee guilty of specified acts of misconduct and demoting the employee to a lower grade position.
The court rejected the employee's claim that the appointing authority’s determination was not supported by substantial evidence, explaining that substantial evidence is "such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact," citing 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176.
Further, said the Appellate Division, the penalty imposed by the appointing authority, demotion, “is not so disproportionate to the offense[s] as to be shocking to one's sense of fairness, and thus does not constitute an abuse of discretion as a matter of law."
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2013/2013_07363.htm.