Opinion
March 12, 1991
Appeal from the Supreme Court, New York County [Eve Preminger, J.].
Petitioner, found guilty of three charges of misconduct involving improper reporting of sick leave, physician visits, and changes of address, challenges the weight of the evidence and the penalty imposed, which was harsher than that recommended by the Hearing Officer. Petitioner's guilt was clearly established by substantial evidence. (Matter of Berenhaus v Ward, 70 N.Y.2d 436. ) It is undisputed that petitioner did not file the proper change of address form, even though he informed the precinct of his new address. Nor is it controverted that petitioner failed to properly report sick leave, the only defense advanced being an unpersuasive claim of laches. As to the penalty imposed, as petitioner was on disciplinary probation for earlier violations of sick leave regulations, there was a rational basis to view the current violations as deliberate and serious.
Concur — Carro, J.P., Wallach, Ross, Kassal and Rubin, JJ.