MATTER OF ARDITO v. ABATE


203 A.D.2d 117 (1994)

612 N.Y.S.2d 845

In the Matter of Thomas P. Ardito, Appellant, v. Catherine Abate, as Correction Commissioner of The City of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 14, 1994


Since petitioner was aware of his "Category B" designation due to excessive absenteeism since March 26, 1990, which justified his having been passed over for promotion three times by February of 1991, prior to his filing a grievance in June of 1991, there is no merit to his claims of arbitrariness, bad faith or retaliatory action on the part of respondents. (See, Matter of Pell v Board of Educ., 34 N.Y.2d 222

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