The determination of appointing authority [Employer] terminating Petitioner's employment based on the report and recommendation of an Administrative Law Judge following a disciplinary hearing was unanimously confirmed by the Appellate Division.
The court noted that "Substantial evidence supports [the Employer's] determination that Petitioner violated Department directives and procedures concerning the retrieval of inmate property, engaged in undue familiarity with an inmate, failed to submit a required unusual incident report, used excessive force against an inmate, and made false and misleading statements."
Under the circumstances, the Appellate Division opined that "The penalty of termination of petitioner's employment does not shock one's sense of fairness", citing Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, among other decisions.
Click HERE to access the Appellate Division's decision posted on the Internet.
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