Computerized monitoring system records deemed substantial evidence of guilt in a disciplinary proceeding
2015 NY Slip Op 03919, Appellate Division, First Department
An employee [Petitioner] was found guilty of the disciplinary charges filed against him alleging that he failed to follow standard that resulted in an injury to an individual using an “out of service” building elevator. Both elevators in the building were “in inspection mode and not in service when the injury occurred”
The penalty imposed: termination of the Petitioner from his position.
Petitioner filed an Article 78 action challenging the appointing authority’s decision and the penalty imposed. The Appellate Division, citing Pell v Board of Educ. of Union Free School Dist. No. 1, 34 NY2d 222, sustained the appointing authority’s decision.
The court explained that substantial evidence in the record supported the appointing officer’s action. The evidence in the record included:
1. The applicable written standard safety measures to be undertaken during elevator repair and/or outages, i.e., the appropriate and necessary warning notice had not been posted by Petitioner
2. Evidence that both elevators being out of service at the same time warranted the standard safety measures of posting out-of-service notices at the elevator banks and securing the elevators so that the public could not use them;
3. Evidence that Petitioner failed to follow these standard procedures;
4. A computerized elevator monitoring system printout and testimony interpreting the data; and
5. Recorded 911 calls.
The Appellate Division explained that notwithstanding Petitioner's arguments to the contrary, the hearing record contained substantial evidence supporting the appointing authority’s decision finding Petitioner  guilty of the charges filed against him and  the penalty imposed.
The decision is posted on the Internet at:
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