Opinion
January 18, 1996
Appeal from the Supreme Court, New York County (Lewis Friedman, J.).
Evidence submitted by respondents demonstrating that petitioner failed to properly log a visit to respondents' Health Management Division as required by regulations covering out-of-residence activities while on sick leave, and on another occasion submitted a doctor's note falsely stating that he had been to the doctor on a day that petitioner had logged such visit, was more than sufficient to rebut petitioner's unsupported assertion that his dismissal was made in bad faith, if indeed any such rebuttal was necessary ( see, Matter of Butler v Abate, 204 A.D.2d 171, 172, citing Matter of Soto v Koehler, 171 A.D.2d 567, 568, lv denied 78 N.Y.2d 855). There is no merit to petitioner's claim that the negotiated plea agreement pursuant to which he was placed on probation for violations of "sick leave procedures" did not cover the charge of filing a false report. The false report here was a doctor's note, and doctor's notes, insofar as used as to document an employee's absence from work, are clearly related to sick leave procedures.
Concur — Murphy, P.J., Sullivan, Kupferman, Ross and Williams, JJ.