Macy v. Suffolk County Probation Department
Court: Appellate Division of the Supreme Court of the State of New York; December 1, 1996; New York; State Appellate Court
A CPLR article 78 proceeding was conducted to review the Suffolk County Probation Department's determination, dated July 17, 1995, which found the petitioner guilty of misconduct due to excessive absenteeism and subsequently dismissed him from his position as a probation officer. The court confirmed the determination and dismissed the proceeding on the merits, awarding costs. It found substantial evidence supporting the misconduct claim, as the petitioner admitted to being absent 72 times as charged. Testimony indicated that these absences disrupted the Department's operations. Although the petitioner attributed his absences to illness, a medical examination showed he was capable of performing his duties, and he did not provide a definitive diagnosis or medical confirmation of any inability to work. Given his history of excessive absences and previous warnings, the dismissal was deemed a proportionate penalty. The judges concurred in the decision.