IN RE: Application of Patricia LOWERY (1997)

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

IN RE: Application of Patricia LOWERY, Petitioner, For a Judgment, etc., v. The STATE of New York OFFICE OF COURT ADMINISTRATION, et al., Respondents.

Decided: November 13, 1997

Before ELLERIN, J.P., and NARDELLI, RUBIN and MAZZARELLI, JJ.

Scott T. Horn, for Petitioner. Ellen Smithberg, for Respondents.

Determination of respondent Deputy Chief Administrative Judge, dated October 21, 1996, which terminated petitioner's employment effective October 25, 1996, 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 [Jeffrey Atlas, J.], entered March 28, 1997), dismissed, without costs.

The determination is based on substantial evidence that petitioner disregarded express directives of her supervisor (see, Matter of Plante v. Buono, 172 A.D.2d 81, 84-85, 576 N.Y.S.2d 924, lv. denied 79 N.Y.2d 756, 583 N.Y.S.2d 192, 592 N.E.2d 800). The penalty of termination is not excessive in these circumstances. We have considered petitioner's remaining arguments and find them to be without merit.

MEMORANDUM DECISION.

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