Outley v. Upstate Medical University

Appeal from a judgment of the Supreme Court, Onondaga County (James E Murphy, J.), entered April 10, 2008 in a proceeding pursuant to CPLR article 78. The judgment granted the second amended petition.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the second amended petition is dismissed.

Memorandum: Respondent contends that Supreme Court erred in granting the CPLR article 78 second amended petition seeking to annul its determination to terminate petitioner from *1399her employment. We agree. Following petitioner’s excessive absences and…