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IN THE MATTER OF PACHTMAN v. LANCASTER

24 A.D.3d 210 (2005)

806 N.Y.S.2d 43

In the Matter of MARK PACHTMAN, Petitioner, v. PATRICIA J. LANCASTER, as Commissioner of the Department of Buildings of the City of New York, Respondent.

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

December 13, 2005.

The agency's determination to impose a 45-day suspension, although the hearing examiner had recommended a suspension of only three days, does not shock the conscience (see Matter of Kelly v. Safir, 96 N.Y.2d 32, 38 [2001]). In her decision the Commissioner imposed a two-week (i.e., 10 work days) suspension for the specification of threatening a fellow employee, and a 30-day suspension for excessive absences. Although the Commissioner...

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