The New York City Conflicts of Interest Board determined Plaintiff's teaching at the entity when he was scheduled to be working at DOE involved a conflict of interest and found him guilty of violating New York City's ethics rules. The penalty imposed: a fine in the amount of $20,000.
Plaintiff brought an Article 78 action challenging the Board's determination and the fine it imposed. The Appellate Division unanimously confirmed the Board's ruling and dismissed Plaintiff 's Article 78 petition.
Finding that there was no basis to disturb the credibility determinations of the Administrative Law Judge, the Appellate Division said that substantial evidence supported the Board's determination that Plaintiff's actions violated New York City Charter §§2604(b)(2) and 2604(a)(1)(b).
Addressing the Board's imposing a $20,000 penalty on Plaintiff, the Appellate Division said that the penalty imposed "does not shock one's sense of fairness in light of the egregiousness of [Plaintiff's] conduct," citing Bolt v New York City Department of Education, 30 NY3d 1065.
The decision is posted on the Internet at: