MATTER OF MARTINEZ v. CITY OF NEW YORK


281 A.D.2d 187 (2001)

721 N.Y.S.2d 235

In the Matter of NESTOR MARTINEZ, Petitioner, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 6, 2001.


The penalty of dismissal for this employee of 14 years, based upon findings of repeated acts of insubordination and disrespectful behavior over a period of more than a year, including an incident which occurred after petitioner was already under a first set of disciplinary charges, does not shock our sense of fairness (see, Matter of Short v Nassau County Civ. Serv. Commn., 45 N.Y.2d 721

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