IN RE: Susan ROSENTHAL (2022)

Judgment (denominated a decision and order), Supreme Court, New York County (Arthur F. Engoron, J.), entered on or about July 7, 2021, denying the petition to annul respondents’ determination, which terminated petitioner's employment at respondent Roosevelt Island Operating Corporation, and to reinstate her employment, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.  Order, same court and Justice, entered on or about December 13, 2021, which, to the extent appealed from as limited by the briefs, denied petitioner's motion for consolidation with a plenary action, unanimously affirmed, without costs.

The determination to terminate petitioner's employment was not arbitrary and capricious (see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 232, 356 N.Y.S.2d 833, 313 N.E.2d 321 [1974]).  The findings of respondents’ investigation constitute legitimate, nondiscriminatory reasons for her termination, and serve to defeat the claims of discrimination and racial animus raised in the petition (Matter of Khan v. New York City Health & Hosps. Corp., 144 A.D.3d 600, 601, 43 N.Y.S.3d 271 [1st Dept. 2016], lv denied 29 N.Y.3d 905, 2017 WL 1591009 [2017]).

Since we find that that court properly denied the petition, petitioner's request for consolidation is moot.

We have considered petitioner's remaining arguments and find them unavailing.