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Appeal claims ?procedural flaws? in conducting a disciplinary hearing

Appeal claims ?procedural flaws? in conducting a disciplinary hearing
Matter of Whyte v Horn, 38 A.D.3d 362

Sharon Whyte was terminated from her employment as a correction officer after being found guilty of disciplinary charges that had been filed against her. Although Whyte abandoned her claim that there was no substantial evidence to support the administrative determination that found her guilty of those charges, she did press forward on that portion of her appeal that contended that ?the administrative hearing resulting in the challenged determination was procedurally flawed.?

The Appellate Division ruled that Whyte had not ?preserved? her procedural arguments. But, said the court, ?even if they could be reached? there was nothing in the record to warrant annulment of the appointing authority?s decision to dismiss her from her correction officer position.

For the full text of the decision, go to:
http://www.nycourts.gov/reporter/3dseries/2007/2007_02430.htm

Full post as published by New York Public Personnel Law on September 11, 2009 (boomark / email).