Opinion
2013-04-3
In the Matter of Charles GUIDARELLI, petitioner, v. Michael D. ISRAEL, etc., et al., respondents.
James M. Rose, White Plains, N.Y., for petitioner. Julie Switzer, Valhalla, N.Y. (Barbara F. Kukowski of counsel), for respondents.
James M. Rose, White Plains, N.Y., for petitioner. Julie Switzer, Valhalla, N.Y. (Barbara F. Kukowski of counsel), for respondents.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Michael D. Israel dated October 13, 2011, which adopted in part and rejected in part the recommendation of a hearing officer, made after a hearing pursuant to Civil Service Law § 75, finding the petitioner guilty of misconduct and/or incompetence, and terminated his employment as a Senior Psychiatric Aid.
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
The review of administrative determinations in employee disciplinary cases made after a hearing under Civil Service Law § 75 is limited to a consideration of whether the determination was supported by substantial evidence ( see CPLR 7803[4]; 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 408 N.Y.S.2d 54, 379 N.E.2d 1183;Matter of Paul v. Israel, 90 A.D.3d 666, 933 N.Y.S.2d 883). Here, there is substantial evidence in the record to support the determination that the petitioner was guilty of misconduct ( see Arons v. Jutkowitz, 9 N.Y.3d 393, 413, 850 N.Y.S.2d 345, 880 N.E.2d 831;People ex rel. Van Tine v. Purdy, 221 N.Y. 396, 399, 117 N.E. 609;Matter of Jenkins v. Israel, 83 A.D.3d 1068, 921 N.Y.S.2d 546;Marte v. Brooklyn Hosp. Ctr., 9 A.D.3d 41, 47, 779 N.Y.S.2d 82;Rotolo v. City of N. Tonawanda, 251 A.D.2d 1044, 674 N.Y.S.2d 190;see also Jackson v. Jamaica Hosp. Med. Ctr., 61 A.D.3d 1166, 1168–1169, 876 N.Y.S.2d 246;Matter of Photo Medic Equip. v. Suffolk County Dept. of Health Servs., 122 A.D.2d 882, 884, 505 N.Y.S.2d 927).
Under the circumstances presented, the penalty of termination of the petitioner's employment was not so disproportionate to the offense committed as to be shocking to one's sense of fairness ( see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 356 N.Y.S.2d 833, 313 N.E.2d 321;Matter of Paul v. Israel, 90 A.D.3d 666, 933 N.Y.S.2d 883;Matter of Jenkins v. Israel, 83 A.D.3d 1068, 921 N.Y.S.2d 546;Matter of Furtado v. Israel, 49 A.D.3d 644, 854 N.Y.S.2d 434;Matter of Torres v. Kerik 299 A.D.2d 214, 215, 750 N.Y.S.2d 21).