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MATTER OF FRAZIER v. BRANN

Index No. 161516/18. Appeal No. 14658. Case No. 2021-02347.

199 A.D.3d 519 (2021)

154 N.Y.S.3d 430

2021 NY Slip Op 06442

In the Matter of Jason Frazier, Appellant, v. Cynthia Brann, Correction Commissioner of the New York City Department of Corrections, et al., Respondents.

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

Decided November 18, 2021.

Attorney(s) appearing for the Case

Karasyk & Moschella, LLP, New York ( Mercedes Maldonado of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Elizabeth I. Freedman of counsel), for respondents.

Concur— Kapnick, J.P., Webber, Oing, Moulton, Rodriguez, JJ.

Supreme Court correctly denied the petition and dismissed the proceeding based on petitioner's violation of sick leave procedures under the negotiated probationary agreement (NPA) (see Matter of Kirdahy v Schembri, 223 A.D.2d 416 [1st Dept 1996]). Petitioner failed to submit evidence demonstrating that his termination was in bad faith or for illegal reasons (see Matter of Bradford v New York City Dept. of Correction,

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