MATTER OF RENAUD v. CITY OF NEW YORK


269 A.D.2d 283 (2000)

703 N.Y.S.2d 136

In the Matter of LESLIE RENAUD, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided February 22, 2000.


Respondent's decision to terminate petitioner for a three-month absence without leave that was in flagrant violation of respondent's time and leave rules was not arbitrary and capricious. Since estoppel is not available against an administrative agency for the purpose of ratifying administrative error, it does not avail petitioner that her absence was approved by an employee relations specialist in her agency, who, first, was not authorized to approve absences without leave...

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