IN RE: Patrick PRYCE

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IN RE: Patrick PRYCE, Petitioner, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

Decided: January 21, 2010

GONZALEZ, P.J., TOM, SWEENY, CATTERSON, ABDUS-SALAAM, JJ. Silberman Law Firm, New York (Martin N. Silberman of counsel), for petitioner. Sonya M. Kaloyanides, New York (Samuel Veytsman of counsel), for respondent.

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.

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 N.Y.2d 222, 231 [1974] ). 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 [2004], lv denied 4 NY3d 703 [2005]; Matter of Malloch v. Ballston Spa Cent. School Dist., 249 A.D.2d 797, 800 [1998], lv denied 92 N.Y.2d 810 [1998]; Matter of Smith v. Board of Educ. of City School Dist. of City of Kingston, 125 A.D.2d 813, 813 [1986]; Matter of Marsh v. Hanley, 50 A.D.2d 687, 687-688 [1975] ).