Tabb v. New York State Office of Court Administration

Appellate Division of the Supreme Court of New York

Tabb v. New York State Office of Court Administration

2017 NY Slip Op 2727, 149 A.D.3d 442, 49 N.Y.S.3d 623

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

DecidedApril 6, 2017

Docket3639 102223/15

StatusPublished

This text of 2017 NY Slip Op 2727 (Tabb v. New York State Office of Court Administration) 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

Tabb v. New York State Office of Court Administration, 2017 NY Slip Op 2727, 149 A.D.3d 442, 49 N.Y.S.3d 623 (N.Y. Ct. App. 2017).

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Opinion

Determination of respondents, dated September 15, 2015, as amended on February 11, 2016, which denied petitioner’s appeal of her placement on involuntary leave from her position as a court officer, 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 [Barbara Jaffe, J.], entered on or about December 22, 2015), dismissed, without costs.

The determination that petitioner was incapacitated from employment is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-182 [1978]), including the testimony and report of a forensic psychiatrist.

We have considered petitioner’s remaining arguments and find them unavailing.

Concur — Renwick, J.P., Richter, Manzanet-Daniels and Feinman, JJ.

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Determination of respondents, dated September 15, 2015, as amended on February 11, 2016, which denied petitioner’s appeal of her placement on involuntary leave from her position as a court officer, 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 [Barbara Jaffe, J.], entered on or about December 22, 2015), dismissed, without costs.

The determination that petitioner was incapacitated from employment is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-182 [1978]), including the testimony and report of a forensic psychiatrist.

We have considered petitioner’s remaining arguments and find them unavailing.

Concur — Renwick, J.P., Richter, Manzanet-Daniels and Feinman, JJ.

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Bluebook (online)

2017 NY Slip Op 2727, 149 A.D.3d 442, 49 N.Y.S.3d 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tabb-v-new-york-state-office-of-court-administration-nyappdiv-2017.

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