Opinion
October 8, 1991
Appeal from the Supreme Court, New York County [Jacqueline W. Silbermann, J.].
There was substantial evidence to support the Commissioner's determination that petitioner was absent without leave for substantial periods of time on two separate occasions, failed to file two Departmental reports, and attempted to remain out sick without requesting permission or submitting a detailed doctor's note required by Departmental directive. (See, Matter of O'Brien v. Ward, 161 A.D.2d 496.) Moreover, we discern no basis to interfere with the Administrative Law Judge's (ALJ) conclusion that petitioner's testimony was inconsistent and improbable and, therefore, not credible. (Matter of Cocozzo v Ward, 162 A.D.2d 202.)
The penalty imposed was not unduly harsh. The ALJ properly considered the petitioner's current misconduct, in addition to his extensive history of leave and absence violations, in determining the appropriate penalty. (Matter of Rannacher v McGuire, 85 A.D.2d 521.) In view of the petitioner's persistent pattern of misconduct, it cannot be said that dismissal is so disproportionate to petitioner's offenses as to mandate modification.
The petitioner's remaining contentions on the appeal have been considered and found to be without merit.
Concur — Sullivan, J.P., Milonas, Kupferman, Kassal and Smith, JJ.