Legal Opinion

Matter of Pena v. Hughes

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

Decided October 23, 2014No. 13299 100736/13PublishedCited by 2 opinions

1Opinion of the Court

Determination of respondent New York City Health and Hospitals Corporation (HHC), dated January 24, 2013, terminating petitioner’s employment upon a finding of gross misconduct, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Shlomo Hagler, J.], entered Nov. 18, 2013), dismissed, without costs.

The determination terminating petitioner’s employment at HHC’s nursing home facility based on gross misconduct, i.e., inappropriate sexual contact with a resident patient in the…

2Cases cited4 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Featherstone v. FrancoNew York Court of Appeals · 2000
  3. Gray v. AdduciNew York Court of Appeals · 1988
  4. D'Augusta v. BrattonAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by2 opinions

  1. Matter of Parris v. ShahAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Artiles v. KellyAppellate Division of the Supreme Court of the State of New York · 2018

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