Opinion
01-31-2017
In re Daniel MADERA, Petitioner, v. The NEW YORK CITY HOUSING AUTHORITY, Respondent.
Kousoulas & Associates, P.C., New York (Antonia Kousoulas of counsel), for petitioner. David Farber, New York (Nabiha Rahman of counsel), for respondent.
Kousoulas & Associates, P.C., New York (Antonia Kousoulas of counsel), for petitioner.
David Farber, New York (Nabiha Rahman of counsel), for respondent.
FRIEDMAN, J.P., RENWICK, SAXE, GISCHE, JJ.
Determination of respondent New York City Housing Authority, dated October 9, 2014, which, after a hearing, terminated petitioner's employment on specified grounds of incompetency and misconduct, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Manuel J. Mendez, J.], entered May 15, 2015), dismissed, without costs.
The determination is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180–181, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ), and the penalty does not shock our 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, 233, 356 N.Y.S.2d 833, 313 N.E.2d 321 [1974] ). The record demonstrates that petitioner directed abusive and offensive language at coworkers and that he was insubordinate. His relatively unblemished work history does not warrant a different determination.
Petitioner failed to demonstrate that he was denied due process. His argument that the charges lacked specificity was not raised at the administrative level and therefore was not preserved for review (see Green v. New York City Police Dept., 34 A.D.3d 262, 263, 825 N.Y.S.2d 9 [1st Dept.2006] ). The trial officer did not abuse his discretion in declining to adjourn the hearing after petitioner's counsel withdrew from the proceeding due to his inability to contact petitioner despite repeated efforts (see Matter of Dennelly v. County Attorney of Nassau County, 88 A.D.2d 912, 913, 450 N.Y.S.2d 569 [2d Dept.1982] ["a person cannot employ delaying tactics to indefinitely defer a disciplinary hearing"] ).