From Casetext: Smarter Legal Research

Matter of Lassiter v. County of Dutchess

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1998
256 A.D.2d 578 (N.Y. App. Div. 1998)

Opinion

December 28, 1998


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner's contention, the determination that she was guilty of misconduct in failing and refusing to perform numerous client assessments and reassessments is supported by substantial evidence in the record ( see generally, Matter of Berenhaus v. Ward, 70 N.Y.2d 436; People ex rel. Vega v. Smith, 66 N.Y.2d 130). There was ample evidence from which the respondent could conclude that the petitioner's steadfast refusal to perform this essential job function was deliberate and was not the result of a psychiatric disability allegedly caused by a purported traumatic event which she experienced in February 1996. The Hearing Officer did not err in permitting some generalized testimony concerning the petitioner's history of poor performance in this aspect of her work, since the testimony was permitted for the limited' and appropriate purpose of rebutting the petitioner's claim that her work difficulties arose solely from the February 1996 incident. In any event, the record demonstrates that the petitioner rejected all reasonable attempts by her supervisors to, provide her with someone to accompany her on visits to homebound clients.

Finally, given the petitioner's repeated and unequivocal refusal to ever again perform this job function, and under all of the circumstances of the case, the penalty of termination was not so disproportionate to the offense as to be shocking to one's sense of fairness ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222).

Miller, J. P., Ritter, Sullivan and Pizzuto, JJ., concur.


Summaries of

Matter of Lassiter v. County of Dutchess

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1998
256 A.D.2d 578 (N.Y. App. Div. 1998)
Case details for

Matter of Lassiter v. County of Dutchess

Case Details

Full title:In the Matter of WENDY LASSITER, Petitioner, v. COUNTY OF DUTCHESS…

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

Date published: Dec 28, 1998

Citations

256 A.D.2d 578 (N.Y. App. Div. 1998)
683 N.Y.S.2d 103

Citing Cases

In re Robert Martin

Contrary to the petitioner's contention, the determination of the respondent Board of Trustees of the Village…

Gustafson v. Castle

ation to the town's computer regarding the vehicle's location and movements, the respondent Town of North…