Opinion
December 10, 1998
Appeal from the Supreme Court, New York County (Louis York, J.).
In light of the numerous instances cited by the Administrative Law Judge in which respondent imposed penalties less severe than termination for violations of its sick leave policy similar to that for which petitioner was disciplined, Supreme Court properly concluded that respondent's determination to terminate petitioner for such violations was arbitrary and capricious, an abuse of discretion, and shocking to the conscience of the court. We also find that the penalty was entirely disproportionate to the offense ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222).
Concur — Lerner, P. J., Ellerin, Andrias and Saxe, JJ.