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SWAKEEN v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

39 A.D.3d 287 (2007)

834 N.Y.S.2d 113

BENSAM SWAKEEN, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided April 10, 2007.

The administrative determination was neither irrational nor arbitrary and capricious (CPLR 7803 [3]). There was evidence that petitioner, an operating room technician employed by HHC, was absent from work for almost two hours and submitted altered documents during the fact-finding hearing in an effort to prove his presence during an operation. The Review Board properly concluded that the administrative law judge's credibility determinations should not be disturbed, since...

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