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June 20, 2014

Unblemished work record not sufficient to mitigate imposing termination as the disciplinary penalty for the employee’s misconduct under the circumstances


Unblemished work record not sufficient to mitigate imposing termination as the disciplinary penalty for the employee’s misconduct under the circumstances
2014 NY Slip Op 04252, Appellate Division, First Department

The Appellate Division, finding that the disciplinary determinations were supported by substantial evidence and the penalty imposed by the appointing authority, termination of employment, did not shock its sense of fairness, dismissed the appeal of the petitioner.

The court said that the record demonstrated that in addition to the petitioner's misconduct in purchasing cocaine while on duty, he had, on two separate occasions, carried out his job responsibilities in a manner that involved health and safety risks, and that, in fact, resulted in actual physical injury to others.

Although the petitioner “had an otherwise unblemished work history” the Appellate Division indicated that this did not constitute “mitigation” sufficient to warrant a different determination.

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