Opinion
December 2, 1999
Judgment, Supreme Court, New York County (William McCooe, J.).
Mercedes M. Maldonado, for petitioner-appellant.
Elizabeth I. Freedman, for respondents-respondents.
ELLERIN, P.J., ROSENBERGER, NARDELLI, MAZZARELLI, FRIEDMAN, JJ.
Evidence in the record that petitioner twice violated respondent's sick leave rules — by failing to report for a scheduled appointment with its Health Management Division while on medical monitored return status, and by failing to log in with the Health Management Division's Sick Desk upon returning to his residence while on sick leave status — establishes that the termination was not made in bad faith.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.