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ROSENBLATT v. ADMN. FOR CHILD

Appellate Division of the Supreme Court of New York, First Department.
May 10, 2007
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Substantial evidence supports the findings of acts of misconduct that, as fairly summed up by the Administrative Law Judge (ALJ), show a pattern of inappropriate, unprofessional behavior disruptive of the workplace and disrespectful of both office supervisors and coworkers. No basis exists to disturb the ALJ's findings of credibility ( Matter of Berenhaus v Ward, 70 NY2d 436, 443-444), including that petitioner was not the victim of testimonial bias on the part of supervisors and coworkers whose work performance she had criticized. The 45-day suspension does not shock our sense of fairness, particularly in view of petitioner's recent 15-day suspension for similar misconduct ( Matter of Rosenblatt v New York City Admin, for Children's Servs., 36 AD3d 458; cf. Matter of Martinez v City of New York, 281 AD2d 187).