Salamone v. Landi

Appellate Division of the Supreme Court of New York

Salamone v. Landi

280 A.D.2d 481, 720 N.Y.S.2d 365, 2001 N.Y. App. Div. LEXIS 1243

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

DecidedFebruary 5, 2001

StatusPublished

This text of 280 A.D.2d 481 (Salamone v. Landi) 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

Salamone v. Landi, 280 A.D.2d 481, 720 N.Y.S.2d 365, 2001 N.Y. App. Div. LEXIS 1243 (N.Y. Ct. App. 2001).

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Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Westchester County Department of Public Works, dated November 1, 1999, adopting the recommendation of a Hearing Examiner, which, after a hearing, found the petitioner guilty of misconduct and suspended him from his position for a period of two weeks.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The petitioner, employed as a plumber by the Westchester County Department of Public Works, was charged with nine counts of neglecting his duties and nine counts of falsifying time records. The Hearing Examiner determined, after a hearing, that the petitioner did not falsify his time records, but sustained the charges of neglect of duties. The determination was rational and is supported by substantial evidence in the record (see, Matter of Rice v Hilton Cent. School Dist. Bd. of Educ., 245 AD2d 1104). “A reviewing court may not weigh the evidence or reject the choice made by the Hearing Officer where there is conflicting evidence and room for choice exists” (Matter of McQueeney v Dutchess County Sheriff, 223 AD2d 710, 711). Therefore, the determination is confirmed. Ritter, J. P., Altman, H. Miller and Schmidt, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Westchester County Department of Public Works, dated November 1, 1999, adopting the recommendation of a Hearing Examiner, which, after a hearing, found the petitioner guilty of misconduct and suspended him from his position for a period of two weeks.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The petitioner, employed as a plumber by the Westchester County Department of Public Works, was charged with nine counts of neglecting his duties and nine counts of falsifying time records. The Hearing Examiner determined, after a hearing, that the petitioner did not falsify his time records, but sustained the charges of neglect of duties. The determination was rational and is supported by substantial evidence in the record (see, Matter of Rice v Hilton Cent. School Dist. Bd. of Educ., 245 AD2d 1104). “A reviewing court may not weigh the evidence or reject the choice made by the Hearing Officer where there is conflicting evidence and room for choice exists” (Matter of McQueeney v Dutchess County Sheriff, 223 AD2d 710, 711). Therefore, the determination is confirmed. Ritter, J. P., Altman, H. Miller and Schmidt, JJ., concur.

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Bluebook (online)

280 A.D.2d 481, 720 N.Y.S.2d 365, 2001 N.Y. App. Div. LEXIS 1243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salamone-v-landi-nyappdiv-2001.

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