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MATTER OF SANTIAGO v HORN

37 A.D.3d 307 (2007)

830 N.Y.S.2d 119

In the Matter of DANACI SANTIAGO, Appellant, v. MARTIN F. HORN, as Commissioner of the New York City Department of Correction, et al., Respondents.

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

Decided February 20, 2007.

Petitioner, who was on probation for prior misconduct, failed to sustain his burden of establishing by competent evidence that his termination as a correction officer was in bad faith or for illegal reasons (see Matter of Swinton v Safir, 93 N.Y.2d 758, 762-763 [1999]). Indeed, his lateness and absenteeism, both of which were admitted in his petition, provided a proper basis for dismissal of the proceeding (Matter of Nelson v...

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