In Matter of Douglas v. O'Grady ( 51 Misc.2d 518, 519), a case involving the dismissal of a Transit Authority Patrolman at the end of his probationary period where, as here, the Authority had full discretion, my learned colleague Mr. Justice McDONALD, stated: "The isolated derelictions attributed to the petitioner do not warrant the penalty meted out to the movant which, in the court's view, are so `disproportionate to the infractions as to be shocking to one's sense of fairness and is arbitrary.' ( Matter of Mendoza v. Jacobs, 14 A.D.2d 521; Matter of City of Rochester, [ Smith St. Bridge], 234 App. Div. 583, 585; Matter of Wansart v. Feinstein, 48 Misc.2d 12. )" In the instant matter, respondent has denied petitioner's application for reinstatement, predicated on the fact that the petitioner used 41 sick leave days during a period of employment covering more than 41 months' time.
The isolated derelictions attributed to the petitioner do not warrant the penalty meted out to the movant which, in the court's view, are "so disproportionate to the infractions as to be shocking to one's sense of fairness and is arbitrary." ( Matter of Mendoza v. Jacobs, 14 A.D.2d 521; Matter of City of Rochester [ Smith St. Bridge], 234 App. Div. 583, 585; Matter of Wansart v. Feinstein, 48 Misc.2d 12.) Petitioner raises a further issue, which requires consideration by this court, that the notification given to the petitioner was inadequate and in violation of the Rules of the City Civil Service Commission.