Gonzalez v. Carter
Court: Appellate Division of the Supreme Court of the State of New York; October 30, 1994; New York; State Appellate Court
A CPLR article 78 proceeding was initiated to review a determination by Mack L. Carter, Jr., Commissioner of Hospitals of Westchester County, which confirmed the findings of a Hearing Officer that found the petitioner guilty on six specifications of misconduct and dismissed him from his role as Senior Psychiatric Aide. The court granted the petition to the extent that it annulled the findings of guilt for Specifications 5 and 6, while confirming the remaining specifications and dismissing the proceeding on the merits. The court noted that to annul an administrative determination made after a hearing, it must find a lack of substantial evidence supporting the determination. It concluded that the evidence was insufficient for Specifications 5 and 6 but sufficient for Specifications 1 through 4, based on the credible testimony of two co-employees regarding the petitioner’s misconduct towards a patient. The Hearing Officer's decision to credit the County’s witnesses over the petitioner’s account was upheld, as reviewing courts do not weigh evidence or overturn such determinations when conflicting evidence exists. The court found the penalty of dismissal appropriate and not shocking to one’s sense of fairness, given the serious nature of the misconduct, which included physical violence towards a patient. The petitioner’s additional arguments were deemed without merit.