Matter of Tanvir v New York City Health & Hosps. Corp.

Matter of Tanvir v New York City Health & Hosps. Corp. 2013 NY Slip Op 08115 Decided on December 5, 2013 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 December 5, 2013
Tom, J.P., Friedman, Renwick, Feinman, Clark, JJ.
11251 106868/10

[*1]In re Shahid Tanvir, Petitioner,

v

New York City Health and Hospitals Corporation, etc., et al., Respondents.




Shahid Tanvir, petitioner pro se.
Michael A. Cardozo, Corporation Counsel, New York (Diana
Lawless of counsel), for respondents.

Determination of respondent New York City Health and Hospitals Corporation (HHC), dated January 28, 2010, terminating petitioner's 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 [Cynthia S. Kern, J.], entered September 17, 2010), dismissed, without costs.

Substantial evidence supports HHC's determination that petitioner engaged in misconduct consisting of insubordination by refusing orders to engage in training for a new position after being reassigned to the hospital's chemistry department, and subsequent absence without leave for more than 11 months (see Ricketts v New York City Health and Hosps. Corp., 88 AD3d 593 [1st Dept 2011]). The evidence established that HHC's requirement that petitioner participate in processing training was not in excess of its authority and the new assignment did not pose a risk to patient health and safety. Petitioner failed to show that any exceptions to the rule of "work now, grieve later" apply (Matter of Ferreri v New York State Thruway Auth., 62 NY2d 855, 856-857 [1984]).

The penalty of termination is not so disproportionate to petitioner's offense as to shock [*2]our sense of fairness (see Matter of Pryce v New York City Hous. Auth., 69 AD3d 497 [1st Dept 2010]; Matter of Strokes v City of Albany, 101 AD2d 944, 945 [3d Dept 1984]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 5, 2013

CLERK