IN RE: Androniki (Niki) Browne

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

IN RE: Androniki (Niki) Browne, petitioner, v. City of New York, et al., respondents.

2009-06892 (Index No. 34292/08)

Decided: May 25, 2010

MARK C. DILLON, J.P. FRED T. SANTUCCI L. PRISCILLA HALL PLUMMER E. LOTT, JJ. Gordon, Gordon & Schnapp, P.C., New York, N.Y. (Kenneth E. Gordon and James M. Thayer of counsel), for petitioner. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Ronald E. Sternberg and Julie Steiner of counsel), for respondents.

Argued-April 30, 2010

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 to review a determination of Diane D'Alessandro, Executive Director of New York City Employees' Retirement System, which adopted the report and recommendation of an administrative law judge dated August 26, 2008, made after a name-clearing hearing, finding that the petitioner failed to negate the stated reasons for her demotion from her position as Director of Administrative Services.

ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The purpose of a name-clearing hearing is to provide a stigmatized employee with an opportunity to clear his or her name (see Matter of Swinton v. Safir, 93 N.Y.2d 758,763).   The employee bears the burden of proof to refute the charges and clear his or her name (see Marzullo v. Suffolk County, 97 A.D.2d 789).   Here, the petitioner failed to negate the stated reasons for her demotion.

Contrary to the petitioner's contention, there was substantial evidence to support the determination of the administrative law judge.

DILLON, J.P., SANTUCCI, HALL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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