MATTER OF ELLIS v. MAHON


11 N.Y.3d 754 (2008)

In the Matter of MARY ELLIS, Respondent, v. KEVIN P. MAHON et al., Appellants.

Court of Appeals of the State of New York.

Decided September 9, 2008.


Attorney(s) appearing for the Case

Charlene M. Indelicato, County Attorney, White Plains (Thomas G. Gardiner of counsel), for appellants.

Lovett & Gould, LLP White Plains (Jane Bilus Gould of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the petition dismissed in its entirety.

Petitioner, employed as an eligibility examiner tasked with processing food stamp applications, consistently processed such applications in particularly late fashion, even after multiple warnings concerning her poor performance. Accordingly, we cannot conclude that the penalty...

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