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MATTER OF BALLENTINE v. COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF SANITATION

304 A.D.2d 348 (2003)

756 N.Y.S.2d 427

In the Matter of FRANCES BALLENTINE, Petitioner, v. COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF SANITATION, Respondent.

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

Decided April 3, 2003.

Substantial evidence (see Matter of Pell v Board of Educ., 34 N.Y.2d 222, 231-232 [1974]), including the testimony of three Department of Sanitation supervisors, established that petitioner had on numerous occasions violated Department of Sanitation rules respecting sick leave. The penalty imposed for the proven misconduct is not so disproportionate as to shock our sense of fairness (see Matter of Kelly v Safir,

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