CHOUDHRI v. NEW YORK CITY DEPARTMENT OF EDUCATION (2008)

Supreme Court, Appellate Division, First Department, New York.

Touquir CHOUDHRI, Petitioner, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent.

Decided: March 06, 2008

MAZZARELLI, J.P., SAXE, GONZALEZ, ACOSTA, JJ.

Solomon Rosengarten, Brooklyn, for petitioner. Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for respondent.

Determination of respondent, dated May 5, 2006, which terminated petitioner's employment, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Emily Jane Goodman, J.], entered January 10, 2007), dismissed, without costs.

There was substantial evidence in the record to support the charges of misconduct based upon petitioner's undisputed acts of insubordination relating to his excessive use of the internet for non-business reasons. Given that evidence, combined with petitioner's many disruptive absences, late arrivals, and early departures, the determination to terminate petitioner's employment was not so disproportionate as to shock the judicial conscience (see Matter of Martinez v. City of New York, 281 A.D.2d 187, 721 N.Y.S.2d 235 [2001] ).

We have considered petitioner's remaining contentions, including that his due process rights were violated, and find them unavailing.

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