Opinion
February 24, 2000
Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered October 20, 1998, which denied petitioner's application to annul respondent's determination terminating her employment as a Houseparent in the Administration for Children's Services, and dismissed the petition, unanimously affirmed, without costs.
Jeffrey L. Kreisberg, for Petitioner-Appellant.
Paul L. Herzfeld, for Respondent-Respondent.
WILLIAMS, J.P., TOM, SAXE, BUCKLEY, FRIEDMAN, JJ.
Respondent's decision to terminate petitioner for a three-month absence without leave that was in flagrant violation of respondent's time and leave rules was not arbitrary and capricious. Since estoppel is not available against an administrative agency for the purpose of ratifying administrative error, it does not avail petitioner that her absence was approved by an employee relations specialist in her agency, who, first, was not authorized to approve absences without leave, and, second, was unaware at the time that petitioner had been already referred for discipline because of her AWOL status (see, Morley v. Arricale, 66 N.Y.2d 665, 667).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.