MATTER OF FLORES v. DOHERTY

2282, 112180/05

71 A.D.3d 405 (2010)

894 N.Y.S.2d 751

In the Matter of JOSEPH FLORES, Respondent, v. JOHN J. DOHERTY, as Commissioner of the Department of Sanitation of the City of New York, et al., Appellants.

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

Decided March 2, 2010.


DOS established that petitioner's six time and leave violations, which were incurred during the first four months of his probationary period, prior to his seeking treatment for substance abuse, constituted a good faith, rational basis for his termination (see Matter of Mitchell v Sielaff, 196 A.D.2d 692 [1993]). Moreover, petitioner failed to establish bad faith or discrimination on the part of the DOS. He had not sought help...

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