MATTER OF VAN OSTEN v. HORN


37 A.D.3d 317 (2007)

830 N.Y.S.2d 131

In the Matter of MICHELE VAN OSTEN, Petitioner, v. MARTIN 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.


The extensive records adduced by respondents at petitioner's hearing, documenting petitioner's many absences from work, constituted substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 180-181 [1978]) in support of the specification that respondent's absences had been excessive and inadequately explained, and that she was unable to perform the full range of her duties as a correction officer...

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