Matter of Powers v Doar

Matter of Powers v Doar 2015 NY Slip Op 05422 Decided on June 23, 2015 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 23, 2015
Mazzarelli, J.P., Sweeny, Acosta, Clark, Kapnick, JJ.
15520 103347/12

[*1] In re Gunther Powers, Petitioner,

v

Robert Doar, etc., Respondent.

Gunther Powers, petitioner pro se.

Zachary W. Carter, Corporation Counsel, New York (Antonella Karlin of counsel), for respondent.

Determination of respondent, dated March 21, 2012, which sustained three charges of misconduct against petitioner and terminated his employment, 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 [Kathryn Freed, J.], entered January 24, 2013), dismissed, without costs.

Substantial evidence supports the determination that petitioner committed the charged acts of misconduct (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights , 45 NY2d 176, 180-181 [1978]). The record shows that petitioner engaged in a pattern of aggressive and inappropriate workplace conduct, and there exists no basis to disturb the credibility determinations made by the Administrative Law Judge (see Matter of Berenhaus v Ward , 70 NY2d 436, 443-444 [1987]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 23, 2015

CLERK