Brier v. City University

Appellate Division of the Supreme Court of New York

Brier v. City University

261 A.D.2d 241, 692 N.Y.S.2d 300, 1999 N.Y. App. Div. LEXIS 5502

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 18, 1999

StatusPublished

This text of 261 A.D.2d 241 (Brier v. City University) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brier v. City University, 261 A.D.2d 241, 692 N.Y.S.2d 300, 1999 N.Y. App. Div. LEXIS 5502 (N.Y. Ct. App. 1999).

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Opinion

—Determination of respondent City University of New York dated August 13, 1995, effective September 8, 1995, dismissing petitioner from his position as Administrative Superintendent of Campus Buildings and Grounds at Lehman College, 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 [Eileen Bransten, J.], entered November 8, 1996) dismissed, without costs.

Respondent’s findings that petitioner failed to report the loss of keys, failed to take steps to insure that the facilities under his supervision were adequately cleaned and maintained, and was incompetent are supported by substantial evidence, including petitioner’s own testimony as well as that of his superiors and co-worker. No basis exists to disturb respondent’s credibility findings (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444).The penalty of dismissal does not shock our sense of fairness, particularly in view of petitioner’s prior disciplinary record. Concur — Rosenberger, J. P., Williams, Rubin, Mazzarelli and Friedman, JJ.

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—Determination of respondent City University of New York dated August 13, 1995, effective September 8, 1995, dismissing petitioner from his position as Administrative Superintendent of Campus Buildings and Grounds at Lehman College, 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 [Eileen Bransten, J.], entered November 8, 1996) dismissed, without costs.

Respondent’s findings that petitioner failed to report the loss of keys, failed to take steps to insure that the facilities under his supervision were adequately cleaned and maintained, and was incompetent are supported by substantial evidence, including petitioner’s own testimony as well as that of his superiors and co-worker. No basis exists to disturb respondent’s credibility findings (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444).The penalty of dismissal does not shock our sense of fairness, particularly in view of petitioner’s prior disciplinary record. Concur — Rosenberger, J. P., Williams, Rubin, Mazzarelli and Friedman, JJ.

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Bluebook (online)

261 A.D.2d 241, 692 N.Y.S.2d 300, 1999 N.Y. App. Div. LEXIS 5502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brier-v-city-university-nyappdiv-1999.

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