MATTER OF DINNOCENZO v. STANISZEWSKI
| Citation | 705 N.Y.S.2d 313,270 A.D.2d 840 |
| Parties | In the Matter of JAMES DINNOCENZO, Petitioner,<BR>v.<BR>KATHLEEN M. STANISZEWSKI, as Mayor of City of Lackawanna, et al., Respondents. |
| Decision Date | 29 March 2000 |
| Court | New York Supreme Court — Appellate Division |
Present — Green, J. P., Hayes, Hurlbutt and Lawton, JJ.
Determination unanimously confirmed without costs and petition dismissed.
Substantial evidence supports the determination that petitioner was guilty of misconduct and insubordination based upon his unauthorized absences from work, failure to follow his supervisor's direction to report his absences, and submission of time sheets falsely indicating the hours that he was present. Petitioner's testimony explaining the reason for the absences and minimizing the length of those absences raised an issue of credibility for the Hearing Officer to resolve (see, Matter of Coombs v Village of Canaseraga, 247 AD2d 895, 896; Matter of Tinney v Schneider, 216 AD2d 474). "In light of all the circumstances, the penalty of dismissal was not so disproportionate to the misconduct as to be `shocking to one's sense of fairness'" (Matter of Hickman v Poughkeepsie City School Dist., 237 AD2d 289, quoting Matter of Pell v Board of Educ., 34 NY2d 222, 233).
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...an issue of credibility that the Hearing Officer was entitled to resolve against him (see generally Matter of Dinnocenzo v. Staniszewski, 270 A.D.2d 840, 841, 705 N.Y.S.2d 313 ).Finally, we conclude that the penalty of termination is not “ ‘so disproportionate to the offense as to be shocki......
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