Swakeen v. New York City Health & Hospitals Corp.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered June 9, 2005, which denied the petition seeking to annul respondent New York City Health and Hospitals Corporation’s (HHC) Personnel Review Board affirmance of an administrative determination after hearing that petitioner was guilty of misconduct and should be suspended for 30 days, and granted respondent’s cross motion to dismiss this proceeding, unanimously affirmed, without costs.

The administrative determination was neither irrational nor arbitrary and capricious (CPLR 7803 [3]). There was evidence that petitioner, an…