MATTER OF KINLOCK v. DOHERTY


256 A.D.2d 93 (1998)

681 N.Y.S.2d 264

In the Matter of ISSAC KINLOCK, Respondent, v. JOHN J. DOHERTY, as Commissioner of the Department of Sanitation of the City of New York, Appellant.

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

Decided December 10, 1998.


In light of the numerous instances cited by the Administrative Law Judge in which respondent imposed penalties less severe than termination for violations of its sick leave policy similar to that for which petitioner was disciplined, Supreme Court properly concluded that respondent's determination to terminate petitioner for such violations was arbitrary and capricious, an abuse of discretion, and shocking to the conscience of the court. We also find that the penalty was...

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