Determination of respondent New York City Housing Authority, dated July 2, 2008, which terminated petitioner's employment as a motor vehicle operator, 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 [Walter B. Tolub, J.]), entered January 7, 2009, dismissed, without costs.
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.
Gonzalez, P.J., Tom, Sweeny, Catterson, Abdus-Salaam, JJ.
The findings that petitioner committed misconduct by driving agency vehicles unsafely, sleeping while on duty, and failing to report an arrest are supported by substantial evidence, including the testimony of petitioner's co-workers and supervisors (see Matter of Matter of Pell v Board of Educ., 34 NY2d 222, 231 ). The penalty of termination of employment does not shock our sense of fairness (see Matter of Kocur v Erie County Water Auth., 9 AD3d 910, 911 , lv denied 4 NY3d 703 ; Matter of Malloch v Ballston Spa Cent. School Dist., 249 AD2d 797, 800 , lv denied 92 NY2d 810 ; Matter of Smith v Board of Educ. of City School Dist. of City of Kingston, 125 AD2d 813, 813 ; Matter of Marsh v Hanley, 50 AD2d 687, 687-688 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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