Opinion
14403, 100328/13
03-03-2015
In re Domenico MANCINI, Petitioner, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.
Wolin & Wolin, Jericho (Alan E. Wolin of counsel), for petitioner. David Farber, New York City Housing Authority, New York (Jeffrey Niederhoffer of counsel), for respondent.
Wolin & Wolin, Jericho (Alan E. Wolin of counsel), for petitioner.
David Farber, New York City Housing Authority, New York (Jeffrey Niederhoffer of counsel), for respondent.
Opinion Determination of respondent, dated October 25, 2012, which, after a hearing, found petitioner guilty of disciplinary charges, and suspended his employment for 31 work days, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Doris Ling–Cohan, J.], entered November 29, 2013), dismissed, without costs.
The determination that petitioner engaged in an incident of workplace violence is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180–181, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ). Petitioner's supervisor testified that petitioner threatened him as petitioner stood near him, holding wood or another object in his hand, and raised the wood while getting angrier in his statements to the supervisor. There exists no basis to disturb the credibility determinations of the Trial Officer (see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443–444, 522 N.Y.S.2d 478, 517 N.E.2d 193 [1987] ).
Based on respondent's strong concern with promoting a nonviolent workplace, the suspension imposed does not shock our sense of fairness (see Matter of Kelly v. Safir, 96 N.Y.2d 32, 724 N.Y.S.2d 680, 747 N.E.2d 1280 [2001] ; see also Matter of Dockery v. New York City Hous. Auth., 51 A.D.3d 575, 859 N.Y.S.2d 130 [1st Dept.2008], lv. denied 11 N.Y.3d 704, 864 N.Y.S.2d 808, 894 N.E.2d 1199 [2008] ; Matter of Sindoni v. County of Tioga, 67 A.D.3d 1183, 1184–1185, 889 N.Y.S.2d 285 [3d Dept.2009] ).
ACOSTA, J.P., ANDRIAS, SAXE, DeGRASSE, RICHTER, JJ., concur.