Employee's terminated after being found guilty of "time theft" and "time fraud"
Supreme Court denied the Plaintiff's petition to seeking to annul a determination of the New York City Department of Education [DOE] terminating Plaintiff's employment with DOE and granted DOE's cross-motion to dismiss the Plaintiff's petition. Supreme Court granted DOE's motion and dismissed Plaintiff's petition filed pursuant to CPLR Article 78. Plaintiff appealed.
Citing Matter of Royal Realty Co. v New York State Division of Housing & Community Renewal, 161 AD2d 404, the Appellate Division's decision noted that DOE terminated Plaintiff following an investigation by DOE's Office of Special Investigations that substantiated allegations that Plaintiff had committed "time theft and time fraud" over a period of nearly two years. The Appellate Division opined that DOE's determination was "rationally based on the record" and was not arbitrary and capricious.
The Appellate Division, citing Matter of 333 E. 49th Partnership, LP v New York State Division of Housing & Community Renewal, 165 AD3d 93, leave to appeal denied, 33 NY3d 908, pointed out that Plaintiff's submissions, including affidavits from her former colleagues and New York Post newspaper articles about the investigation, were not properly before the Court and a Court's review is limited to consideration of evidence and arguments raised by a party before the employer's administrative determination was rendered.
As to the penalty imposed on Plaintiff by DOE, termination, the Appellate Division found that "Plaintiff's contention that the penalty of termination shocks the conscience" was unpreserved, as it was not raised in the Plaintiff petition.
Click HERE to access the Appellate Division's decision posted on the Internet.
Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, New York Guard.
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