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Tabb v. New York State Office of Court Administration

149 A.D.3d 442 Court N.Y. App. Div. Decision date 2017-04-06 English

Judges Concur — Renwick, J.P., Richter, Manzanet-Daniels and Feinman, JJ.

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p. 442
In the Matter of Jennifer Tabb, Petitioner, v New York State Office of Court Administration et al., Respondents.
[49 NYS3d 623]

Determination of respondents, dated September 15, 2015, as amended on February 11, 2016, which denied petitioner’s appeal of her placement on involuntary leave from her position as a court officer, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Barbara Jaffe, J.], entered on or about December 22, 2015), dismissed, without costs.

The determination that petitioner was incapacitated from employment is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 , 180-182 [1978]), including the testimony and report of a forensic psychiatrist.

We have considered petitioner’s remaining arguments and find them unavailing.

Concur — Renwick, J.P., Richter, Manzanet-Daniels and Feinman, JJ.

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