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July 14, 2015

Employee terminated because of a pattern of aggressive and inappropriate workplace conduct


Employee terminated because of a pattern of aggressive and inappropriate workplace conduct
2015 NY Slip Op 05422, Appellate Division, First Department

The Administrative Law Judge [ALJ] sustained three charges of misconduct against the employee [Petitioner] and Petitioner was terminated from his employment. Petitioner initiated an action pursuant to CPLR Article 78 challenging the ALJ’s findings, which Supreme Court transferred to the Appellate Division as the decision to dismiss Petitioner was made following an administrative hearing.

The Appellate Division sustained the ALJ’s decision, finding that substantial evidence supports the determination that Petitioner committed the charged acts of misconduct. The record, said the court, shows that Petitioner engaged in a pattern of aggressive and inappropriate workplace conduct, and there exists no basis to disturb the credibility determinations made by the ALJ.

The decision is posted on the Internet at:

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