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Morales v. New York City Transit Authority

230 A.D.2d 859 Court N.Y. App. Div. Decision date 1996-08-19 English

Judges O’Brien, J. P., Thompson, Altman and Krausman, JJ., concur.

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Majority

p. 859
In the Matter of Carlos Morales, Appellant, v New York City Transit Authority, Respondent.
[646 NYS2d 571]

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent, New York City Transit Authority, dated January 2, 1992, which adopted the recommendation of an Administrative Law Judge, made after a hearing, and dismissed he petitioner from his position as a transit police officer.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The petitioner was found guilty of failing to report for a medical examination on time, failing to take a required

p. 860
urinalysis, and failing to report for duty for approximately one month without leave. This determination was supported by substantial evidence (see, Matter of Lahey v Kelly, 71 NY2d 135 ). Under the circumstances of this case, the penalty of dismissal was not so disproportionate as to shock one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222 ).

O’Brien, J. P., Thompson, Altman and Krausman, JJ., concur.

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