Legal Opinion

Ricketts v. New York City Health

Appellate Division of the Supreme Court of the State of New York

Decided October 25, 2011PublishedCited by 4 opinions

1Opinion of the Court

Substantial evidence, including the parties’ stipulation and the testimony of petitioner’s supervisor, supports HHC’s deter-*594urination that petitioner engaged in misconduct consisting of excessive absences, absence without official leave (AWOL), and failure to follow HHC’s call-in policy (see Matter of Berenhaus v Ward, 70 NY2d 436, 443 [1987]).

We decline to review petitioner’s argument that the determination violated the New York City Human Rights Law (Administrative Code of City of NY § 8-107 [1] [a]), since he never raised it before the Administrative Law Judge (ALJ) (see Matter of Colton v…

2Cases cited7 opinions

  1. Berenhaus v. WardNew York Court of Appeals · 1987
  2. MATTER OF MCENIRY v. LandiNew York Court of Appeals · 1994
  3. Pimentel v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Colton v. RiccobonoNew York Court of Appeals · 1986
  5. Moorehead v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by4 opinions

  1. Quirolo v. IsraelAppellate Division of the Supreme Court of the State of New York · 2015
  2. Quirolo v. IsraelAppellate Division of the Supreme Court of the State of New York · 2015
  3. Tanvir v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2013
  4. Tanvir v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2013

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