Martinez v. City of New York

Appellate Division of the Supreme Court of New York

Martinez v. City of New York

281 A.D.2d 187, 721 N.Y.S.2d 235, 2001 N.Y. App. Div. LEXIS 2196

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

DecidedMarch 6, 2001

StatusPublished

Cited by6 cases

This text of 281 A.D.2d 187 (Martinez v. City of New York) 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.

Bluebook

Martinez v. City of New York, 281 A.D.2d 187, 721 N.Y.S.2d 235, 2001 N.Y. App. Div. LEXIS 2196 (N.Y. Ct. App. 2001).

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Opinion

Determination of respondents, dated August 24, 1999, dismissing petitioner from his position as a Supervisor II with respondent City of New York’s Administration for Children’s Services, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court [188]*188by order of the Supreme Court, New York County [Karla Moskowitz, J.], entered February 25, 2000), dismissed, without costs.

The penalty of dismissal for this employee of 14 years, based upon findings of repeated acts of insubordination and disrespectful behavior over a period of more than a year, including an incident which occurred after petitioner was already under a first set of disciplinary charges, does not shock our sense of fairness (see, Matter of Short v Nassau County Civ. Serv. Commn., 45 NY2d 721). Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Wallach and Buckley, JJ.

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Determination of respondents, dated August 24, 1999, dismissing petitioner from his position as a Supervisor II with respondent City of New York’s Administration for Children’s Services, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court [188]*188by order of the Supreme Court, New York County [Karla Moskowitz, J.], entered February 25, 2000), dismissed, without costs.

The penalty of dismissal for this employee of 14 years, based upon findings of repeated acts of insubordination and disrespectful behavior over a period of more than a year, including an incident which occurred after petitioner was already under a first set of disciplinary charges, does not shock our sense of fairness (see, Matter of Short v Nassau County Civ. Serv. Commn., 45 NY2d 721). Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Wallach and Buckley, JJ.

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Bluebook (online)

281 A.D.2d 187, 721 N.Y.S.2d 235, 2001 N.Y. App. Div. LEXIS 2196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-city-of-new-york-nyappdiv-2001.

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