Davis v. Stolzenberg

Petitioner, a nursing assistant at Westchester County Medical Center, was found guilty after a hearing of four specifications of misconduct, stemming from two incidents in which she and Donna Richards, another female hospital employee, pulled down, or attempted to pull down, the trousers of male coworkers. In this CPLR article 78 proceeding, petitioner seeks annulment of the determination discharging her.

Although the testimony is conflicting, the determination reached is supported by substantial evidence. Where, as here, the administrative decision turns on the credibility of wit*771nesses, a…