Van Osten v. Horn

Determination of respondent Commissioner of the New York City Department of Correction, dated December 22, 2005, dismissing petitioner from her position as a New York City correction officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Marcy S. Friedman, J.], entered September 12, 2006) dismissed, without costs.

The extensive records adduced by respondents at petitioner’s hearing, documenting petitioner’s many absences from work, constituted substantial evidence (see…