Morales v. New York City Transit Auth., 230 A.D.2d 859 (N.Y. App. Div. 1996). · Go Syfert
Morales v. New York City Transit Auth., 230 A.D.2d 859 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
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In the Matter of Carlos Morales
v.
New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York.
Aug 19, 1996.
230 A.D.2d 859
Altman, Brien, Krausman, Thompson.
Published

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent, New York City Transit Authority, dated January 2, 1992, which adopted the recommendation of an Administrative Law Judge, made after a hearing, and dismissed he petitioner from his position as a transit police officer.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The petitioner was found guilty of failing to report for a medical examination on time, failing to take a required[*860] urinalysis, and failing to report for duty for approximately one month without leave. This determination was supported by substantial evidence (see, Matter of Lahey v Kelly, 71 NY2d 135). Under the circumstances of this case, the penalty of dismissal was not so disproportionate as to shock one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222).

O’Brien, J. P., Thompson, Altman and Krausman, JJ., concur.