Matter of Pryce v New York City Hous. Auth.

Matter of Pryce v New York City Hous. Auth. 2010 NY Slip Op 00393 [69 AD3d 497] January 21, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 10, 2010

In the Matter of Patrick Pryce, Petitioner,
v
New York City Housing Authority, Respondent.

—[*1] Silberman Law Firm, New York (Martin N. Silberman of counsel), for petitioner. Sonya M. Kaloyanides, New York (Samuel Veytsman of counsel), for respondent.

Determination of respondent New York City Housing Authority, dated July 2, 2008, which terminated petitioner's employment as a motor vehicle operator, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Walter B. Tolub, J.]), entered January 7, 2009, dismissed, without costs.

The findings that petitioner committed misconduct by driving agency vehicles unsafely, sleeping while on duty, and failing to report an arrest are supported by substantial evidence, including the testimony of petitioner's coworkers and supervisors (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 231 [1974]). The penalty of termination of employment does not shock our sense of fairness (see Matter of Kocur v Erie County Water Auth., 9 AD3d 910, 911 [2004], lv denied 4 NY3d 703 [2005]; Matter of Malloch v Ballston Spa Cent. School Dist., 249 AD2d 797, 800 [1998], lv denied 92 NY2d 810 [1998]; Matter of Smith v Board of Educ. of City School Dist. of City of Kingston, 125 AD2d 813, 813 [1986]; Matter of Marsh v Hanley, 50 AD2d 687, 687-688 [1975]). Concur—Gonzalez, P.J., Tom, Sweeny, Catterson and Abdus-Salaam, JJ.