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MATTER OF ALSTON v. CITY OF NEW YORK

270 A.D.2d 3 (2000)

703 N.Y.S.2d 186

In the Matter of MELVIN ALSTON, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided March 2, 2000.

Petitioner's disputed assertion that he was denied the promotion because of his prior conviction for Federal mail fraud, in violation of Executive Law § 296 (15), is speculative, given the evidence of his mediocre performance as a caseworker and of his prior attempt to deceive ACS by seeking a medical leave when he had actually taken a job with another City agency (cf., Matter of Johnson v Katz, 68 N.Y.2d 649). In any event...

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