Inasmuch as petitioner, in light of the decision in Sharp v Abate ( 887 F. Supp. 695), in which she was a plaintiff, now concedes that her medical condition is not a disability within the meaning of the Americans with Disabilities Act of 1990 ( 42 U.S.C. § 12102) or the New York Human Rights Law (Executive Law § 292), we find no basis for petitioner's bad faith claim. It is well settled that petitioner's record of excessive absence, lateness and one instance of absence without leave, particularly in light of her continued absences and latenesses after a corrective interview regarding those subjects, provided a sufficient basis for the termination of this probationary employee ( see, Matter of Nelson v Abate, 205 A.D.2d 454).
Concur — Murphy, P.J., Sullivan, Wallach, Kupferman and Ross, JJ.