Matter of King v. City of New York

Full title: IN THE MATTER OF LISA KING, Appellant, v. CITY OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 24, 1999

262 A.D.2d 233 (N.Y. App. Div. 1999)

692 N.Y.S.2d 353

Opinion

June 24, 1999.

Appeal from the Supreme Court, New York County (Emily Goodman, J.).

The IAS Court properly denied renewal in the absence of an acceptable excuse for petitioner's failure to produce the documents she would now rely upon when her application was first considered ( see, Rubinstein v. Goldman, 225 A.D.2d 328, 328-329, lv denied 88 N.Y.2d 815). In any event, none of the belatedly produced material would warrant revision of the court's determinative findings that petitioner had been discharged while she was still on probation and that she had not established that her dismissal was made in bad faith ( see, Averys v. Kelly, 214 A.D.2d 309, lv denied 86, N.Y.2d 703; Matter of Brennan v. Ward, 134 A.D.2d 194).

Concur — Sullivan, J. P., Tom, Wallach, Lerner and Andrias, JJ.