Triebe v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Triebe v. New York City Transit Authority

280 A.D.2d 323, 720 N.Y.S.2d 144, 2001 N.Y. App. Div. LEXIS 1326

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

DecidedFebruary 8, 2001

StatusPublished

This text of 280 A.D.2d 323 (Triebe v. New York City Transit Authority) 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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Triebe v. New York City Transit Authority, 280 A.D.2d 323, 720 N.Y.S.2d 144, 2001 N.Y. App. Div. LEXIS 1326 (N.Y. Ct. App. 2001).

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Opinion

—Determination of respondent New York City Transit Authority dated February 12, 1999, demoting petitioner from his position as a train service supervisor to a non-supervisory position upon findings of insubordination and improper performance of duties, 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 [Alice Schlesinger, J.], entered August 24, 1999), dismissed, without costs.

The Administrative Law Judge’s finding that petitioner knew what his assignment was on the day in question and chose not to perform it is supported by substantial evidence, including petitioner’s implausible explanations for his admitted failure to follow instructions. Petitioner’s insubordination clearly constituted “misconduct” within the meaning of Civil Service Law § 75, and warranted the penalty imposed. Concur — Sullivan, P. J., Rosenberger, Mazzarelli, Lerner and Buckley, JJ.

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—Determination of respondent New York City Transit Authority dated February 12, 1999, demoting petitioner from his position as a train service supervisor to a non-supervisory position upon findings of insubordination and improper performance of duties, 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 [Alice Schlesinger, J.], entered August 24, 1999), dismissed, without costs.

The Administrative Law Judge’s finding that petitioner knew what his assignment was on the day in question and chose not to perform it is supported by substantial evidence, including petitioner’s implausible explanations for his admitted failure to follow instructions. Petitioner’s insubordination clearly constituted “misconduct” within the meaning of Civil Service Law § 75, and warranted the penalty imposed. Concur — Sullivan, P. J., Rosenberger, Mazzarelli, Lerner and Buckley, JJ.

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280 A.D.2d 323, 720 N.Y.S.2d 144, 2001 N.Y. App. Div. LEXIS 1326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/triebe-v-new-york-city-transit-authority-nyappdiv-2001.

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