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MATTER OF SILVERMAN v. CARRION

2771, 100167/15.

146 A.D.3d 570 (2017)

2017 NY Slip Op 00273

45 N.Y.S.3d 421

In the Matter of TAMARA SILVERMAN, Appellant, v. GLADYS CARRION, Respondent.

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

Decided January 17, 2017.

Since this proceeding presents no substantial evidence question, the CPLR article 78 court correctly declined to transfer it to this Court (see CPLR 7803 [4]).

The determination that petitioner was insubordinate is rationally based in the record and not arbitrary and capricious (see Matter of Baker v Mahon, 72 A.D.3d 811 [2d Dept 2010]; CPLR 7803 [3]). It is undisputed that petitioner walked out of a performance evaluation...

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