Coombs v. Village of Canaseraga
Court: Appellate Division of the Supreme Court of the State of New York; February 3, 1998; New York; State Appellate Court
Judgment was unanimously affirmed without costs. The decision determined that the petitioner violated the personnel policies of the Village of Canaseraga, supported by substantial evidence. Key findings included the petitioner’s failure to notify the Mayor of his absence, misuse of supervisory authority by preventing an employee from working without the Mayor's knowledge, and using profane and disrespectful language toward the Mayor and a Village Trustee, including verbal threats. The petitioner also displayed insubordination by refusing to attend a disciplinary meeting with the Mayor and reacted profanely to the Mayor's attempts to address his behavior. Additionally, the petitioner failed to return keys to Village property upon suspension. While eyewitness testimony on these charges was conflicting, the Hearing Officer's evaluation of witness credibility was upheld. The Hearing Officer concluded that disciplinary actions were not retaliatory, as they were not solely based on the petitioner’s refusal to allow an employee to work, thus negating the defense under Civil Service Law § 75-b. The petitioner’s claim of constructive discharge was not included in the original petition and was therefore not considered. The appeal arose from a judgment of the Supreme Court, Allegany County, with a panel of judges including Denman, P.J., Green, Hayes, Balio, and Fallon, J.J.