Mullusky v. New York City Department of Parks & Recreation

Majority

p. 428

In the Matter of Chris Mullusky, Petitioner, v New York City Department of Parks and Recreation et al., Respondents.

[926 NYS2d 294]

p. 429

The determination that petitioner violated agency rules by uttering anti-Semitic remarks and engaging in anti-Semitic conduct, for the purpose of harassing a Jewish coworker, is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 , 180 [1978]). We perceive no basis to disturb the administrative law judge’s credibility determinations (see Matter of Berenhaus v Ward, 70 NY2d 436 , 443-444 [1987]).

The penalty of termination does not shock our sense of fairness in light of petitioner’s conduct and his prior disciplinary history (see Matter of Kelly v Safir, 96 NY2d 32 , 39-40 [2001]).

We have considered petitioner’s remaining arguments and find them unavailing. Concur — Andrias, J.P, Sweeny, Renwick, Freedman and Manzanet-Daniels, JJ.

Cases cited

300 Gramatan Avenue Associates v. State Division of Human Rights 45 NY2d 176 N.Y. 1978-07-13 at 180 p. 429
Berenhaus v. Ward 70 NY2d 436 N.Y. 1987-11-17 at 443-444 p. 429
Kelly v. Safir 96 NY2d 32 N.Y. 2001-03-22 at 39-40 p. 429