MATTER OF WALLACE v. DEPARTMENT OF SANITATION OF THE CITY OF NEW YORK

• Decision Date: 25 March 2003
• Citation: 756 N.Y.S.2d 571,303 A.D.2d 295
• Court: New York Supreme Court — Appellate Division
• Parties: In the Matter of DOUGLAS WALLACE, Petitioner,<BR>v.<BR>DEPARTMENT OF SANITATION OF THE CITY OF NEW YORK et al., Respondents.

303 A.D.2d 295

756 N.Y.S.2d 571

In the Matter of DOUGLAS WALLACE, Petitioner,

v.DEPARTMENT OF SANITATION OF THE CITY OF NEW YORK et al., Respondents.

Decided March 25, 2003.

Concur — Buckley, P.J., Rosenberger, Lerner, Friedman and Gonzalez, JJ.

The determination was supported by substantial evidence (Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]; see also People ex rel. Vega v Smith, 66 NY2d 130 [1985]) that petitioner was guilty of misconduct when he failed to respond to telephone calls, failed to report to the Department clinic, was absent without leave, and did not maintain a valid driver's license, all in violation of Department of Sanitation rules. The Administrative Law Judge properly rejected petitioner's various excuses and explanations. The penalty of dismissal was not disproportionate to the offenses and does not shock the conscience (see Matter of Kelly v Safir, 96 NY2d 32, 39-40 [2001]), particularly since petitioner displayed a flagrant pattern of sick leave abuses.

We have considered and rejected petitioner's remaining arguments.