Dickinson v. New York State Unified Court System

Substantial evidence supports respondent’s determination (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 [1978]). Petitioner was charged with both misconduct and incompetency due to excessive absenteeism and lateness. Although petitioner correctly notes that misconduct “requir[es] a showing of willfulness or intentional conduct” (Matter of Weatherlow v Board of Educ. of Jamestown City *570School Dist., 236 AD2d 855, 856 [4th Dept 1997] [internal quotation marks omitted]), “a finding of incompetence . . . only requires evidence of some dereliction or neglect of…