Opinion
2013-02-26
In re Kuriakose MATHEW, Petitioner–Appellant, v. COLER GOLDWATER SPECIALTY HOSPITAL AND NURSING FACILITY, et al., Respondents–Respondents.
Wolin & Wolin, Jericho (Alan E. Wolin of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for respondents.
Wolin & Wolin, Jericho (Alan E. Wolin of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for respondents.
MAZZARELLI, J.P., ACOSTA, FREEDMAN, RICHTER, GISCHE, JJ.
Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered February 16, 2012, dismissing this proceeding brought pursuant to CPLR article 78 seeking to, among other things, compel respondents to reinstate petitioner's employment as a respiratory therapist, unanimously affirmed, without costs.
Respondents' termination of petitioner's employment was rational and was not arbitrary and capricious or contrary to law ( see Matter of Arrocha v. Board of Educ. of City of N.Y., 93 N.Y.2d 361, 363, 690 N.Y.S.2d 503, 712 N.E.2d 669 [1999] ). At the time of the termination, petitioner did not have a valid active license as a respiratory therapist, which was a minimum job requirement ( see Matter of Felix v. New York City Dept. of Citywide Admin. Servs., 3 N.Y.3d 498, 788 N.Y.S.2d 631, 821 N.E.2d 935 [2004] ). Petitioner was not entitled to a hearing, as there was no triable issue of fact ( seeCPLR 7804 [h] ). Indeed, petitioner admitted that he did not have a valid license when he was terminated from his employment ( see Matter of Moogan v. New York State Dept. of Health, 8 A.D.3d 68, 69, 778 N.Y.S.2d 161 [1st Dept. 2004], lv. denied3 N.Y.3d 612, 788 N.Y.S.2d 668, 821 N.E.2d 973 [2004] ).
We have considered petitioner's remaining contentions and find them unavailing.