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MATTER OF JENKINS v. STATE OF NEW YORK PUBLIC EMPLOYMENT RELATIONS BOARD

1537.

67 A.D.3d 567 (2009)

888 N.Y.S.2d 405

2009 NY Slip Op 08508

In the Matter of ANTONIO JENKINS, Appellant, v. STATE OF NEW YORK PUBLIC EMPLOYMENT RELATIONS BOARD, Respondent, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 19, 2009.

The agency determination was neither irrational nor arbitrary and capricious (Swakeen v New York City Health & Hosps. Corp., 39 A.D.3d 287 [2007], lv denied 9 N.Y.3d 809 [2007]). Ample evidence in the record supports the conclusion that the administrative law judge's credibility determinations should not be disturbed (see Matter of D'Augusta v Bratton,

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