Opinion
2015-01204
07-29-2015
In the Matter of Carolann QUIROLO, petitioner, v. Michael D. ISRAEL, etc., et al., respondents.
Jonathan Lovett, White Plains, N.Y., for petitioner. Jordy Rabinowitz, Valhalla, N.Y. (Barbara Kukowski of counsel), for respondents.
Jonathan Lovett, White Plains, N.Y., for petitioner.
Jordy Rabinowitz, Valhalla, N.Y. (Barbara Kukowski of counsel), for respondents.
MARK C. DILLON, J.P., THOMAS A. DICKERSON, JEFFREY A. COHEN, and COLLEEN D. DUFFY, JJ.
Opinion Proceeding pursuant to CPLR article 78 to review a determination of the respondent Michael D. Israel dated January 27, 2014, which adopted the recommendation of a hearing officer, made after a hearing pursuant to Civil Service Law article 75, finding the petitioner guilty of misconduct and/or incompetence, and terminated her employment as a surgical physician assistant. ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
“Judicial review of an administrative determination made after a hearing at which evidence is taken pursuant to direction of law is limited to a consideration of whether that determination was supported by substantial evidence upon the whole record” (Matter of Grimaldi v. Gough, 114 A.D.3d 679, 680, 979 N.Y.S.2d 682 ; see CPLR 7803[4] ; Matter of Guidarelli v. Israel, 105 A.D.3d 739, 740, 961 N.Y.S.2d 788 ; Matter of Paul v. Israel, 90 A.D.3d 666, 933 N.Y.S.2d 883 ). Contrary to the petitioner's contention, the determination that she was guilty of misconduct and/or incompetence due to her absences without prior authorization from August 16, 2011, through October 28, 2011, and her failure to notify her department of those unscheduled absences, was supported by substantial evidence (see Matter of Tanvir v. New York City Health & Hosps. Corp., 112 A.D.3d 436, 975 N.Y.S.2d 871 ; Matter of Guerasio v. New York State Unified Ct. Sys., 111 A.D.3d 456, 974 N.Y.S.2d 424 ; Ricketts v. New
York City Health & Hosps. Corp., 88 A.D.3d 593, 931 N.Y.S.2d 58 ; Matter of Considine v. Pirro, 38 A.D.3d 773, 832 N.Y.S.2d 620 ; Matter of Truss v. Westchester County Health Care Corp., 301 A.D.2d 607, 754 N.Y.S.2d 38 ).
Moreover, under the circumstances presented, the penalty of termination of the petitioner's employment was not so disproportionate to the offense committed as to be shocking to one's sense of fairness (see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 237, 356 N.Y.S.2d 833, 313 N.E.2d 321 ; Matter of Grimaldi v. Gough, 114 A.D.3d at 680, 979 N.Y.S.2d 682 ; Matter of Tanvir v. New York City Health & Hosps. Corp., 112 A.D.3d at 437, 975 N.Y.S.2d 871 ; Matter of Guidarelli v. Israel, 105 A.D.3d at 740, 961 N.Y.S.2d 788 ; Matter of Overton v. Board of Educ. of the Yonkers City School Dist., 72 A.D.3d 1094, 1095, 900 N.Y.S.2d 338 ).