Matter of Rosenblatt v New York City Admin. for Children's Servs.

Matter of Rosenblatt v New York City Admin. for Children's Servs. 2007 NY Slip Op 00095 [36 AD3d 458] January 9, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 14, 2007

In the Matter of Cheryl Rosenblatt, Petitioner,
v
New York City Administration for Children's Services, Respondent.

—[*1] Mirkin & Gordon, P.C., Great Neck (Joel Spivak of counsel), for petitioner. Michael A. Cardozo, Corporation Counsel, New York (Cheryl Payer of counsel), for respondent.

Determination of respondent, dated January 27, 2005, which, after a hearing, found petitioner guilty of disciplinary infractions and suspended her for 15 days without pay, unanimously confirmed, the petition denied and the proceeding (transferred to this Court by order of Supreme Court, New York County [Doris Ling-Cohan, J.], entered October 28, 2005) dismissed, without costs.

Respondent Administration for Children's Services' (ACS) determination was supported by substantial evidence (see CPLR 7803 [4]), including several instances of insubordination and disrespect between August and November of 2003. Although petitioner had been an ACS caseworker for nearly seven years, with no prior disciplinary history, the 15-day suspension without pay was not so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness (Matter of Peters v County of Rensselaer, 28 AD3d 854 [2006]; see also Matter of Martinez v City of New York, 281 AD2d 187 [2001]). Concur—Tom, J.P., Friedman, Nardelli, Catterson and Malone, JJ.