Morgan v. Kerik

Appellate Division of the Supreme Court of New York

Morgan v. Kerik

267 A.D.2d 8, 699 N.Y.S.2d 50, 1999 N.Y. App. Div. LEXIS 12389

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

DecidedDecember 2, 1999

StatusPublished

This text of 267 A.D.2d 8 (Morgan v. Kerik) 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

Morgan v. Kerik, 267 A.D.2d 8, 699 N.Y.S.2d 50, 1999 N.Y. App. Div. LEXIS 12389 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, New York County (William McCooe, J.), entered July 27, 1998, which denied petitioner’s application to annul respondent Department of Correction’s determination [9]*9terminating petitioner as a probationary correction officer without a hearing, and dismissed the petition, unanimously affirmed, without costs.

Evidence in the record that petitioner twice violated respondent’s sick leave rules — by failing to report for a scheduled appointment with its Health Management Division while on medical monitored return status, and by failing to log in with the Health Management Division’s Sick Desk upon returning to his residence while on sick leave status— establishes that the termination was not made in bad faith. Concur — Ellerin, P. J., Rosenberger, Nardelli, Mazzarelli and Friedman, JJ.

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—Judgment, Supreme Court, New York County (William McCooe, J.), entered July 27, 1998, which denied petitioner’s application to annul respondent Department of Correction’s determination [9]*9terminating petitioner as a probationary correction officer without a hearing, and dismissed the petition, unanimously affirmed, without costs.

Evidence in the record that petitioner twice violated respondent’s sick leave rules — by failing to report for a scheduled appointment with its Health Management Division while on medical monitored return status, and by failing to log in with the Health Management Division’s Sick Desk upon returning to his residence while on sick leave status— establishes that the termination was not made in bad faith. Concur — Ellerin, P. J., Rosenberger, Nardelli, Mazzarelli and Friedman, JJ.

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Bluebook (online)

267 A.D.2d 8, 699 N.Y.S.2d 50, 1999 N.Y. App. Div. LEXIS 12389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-kerik-nyappdiv-1999.