MATTER OF GITTENS v. STATE UNIVERSITY OF N.Y.

14195, 100890/13.

125 A.D.3d 473 (2015)

In the Matter of DARREN GITTENS, Appellant, v. STATE UNIVERSITY OF NEW YORK et al., Respondents.

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

Decided February 10, 2015.


The Supreme Court erred in holding that the parties' disciplinary settlement agreement executed in 2012 waived petitioner's right to appeal or seek judicial review of his termination of employment in all scenarios. The agreement's introductory paragraph states that the parties agreed to settle petitioner's violation of a prior agreement where petitioner, who had worked as a cleaner for respondents' hospital since 2003, sold a DVD movie to the visitor of a patient in violation...

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