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MATTER OF ASSOCIATION OF SURROGATES AND SUPREME COURT REPORTERS WITHIN THE CITY OF NEW YORK v. STATE OF NEW YORK UNIFIED COURT SYSTEM

48 A.D.3d 228 (2008)

851 N.Y.S.2d 170

In the Matter of ASSOCIATION OF SURROGATES AND SUPREME COURT REPORTERS WITHIN THE CITY OF NEW YORK, et al., Petitioners, v. STATE OF NEW YORK UNIFIED COURT SYSTEM, Respondent.

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

Decided February 5, 2008.

Substantial evidence supports the hearing officer's determination that petitioner committed the specified acts of misconduct, i.e., chronic lateness and an off-duty act of misconduct involving identity theft, which resulted in a criminal conviction in New Jersey. Contrary to petitioner's contention that Correction Law §§ 752 and 753 prohibit respondent from taking adverse employment action against her based on the conviction, the statutes permit such action where...

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