Opinion
2276
November 19, 2002.
Determination of respondent Human Resources Administration, dated June 11, 2001, suspending petitioner without pay for 40 days from her position as a Supervisor I in respondent's Conciliation Unit of the Rider Income Maintenance Center, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Barbara Kapnick, J.], entered August 31, 2001), dismissed, without costs.
SIMONE Y. SMALL, petitioner, Pro S.E.
EDWARD F.X. HART, for respondents.
Before: Tom, J.P., Andrias, Saxe, Rubin, Friedman, JJ.
The findings that petitioner berated and attempted to physically provoke respondent's clients, and ignored her supervisor's direct instructions to stop such conduct, is supported by substantial evidence (see 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 180-181), including the testimony of four co-employees (see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444). We also conclude that a negative inference was properly drawn against petitioner because of her failure to testify (see Farrell v. Labarbera, 181 A.D.2d 715, 716).
The penalty imposed does not shock our sense of fairness (see Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.