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MATTER OF CONTE v. CITY OF N.Y. DEPT. OF SANITATION

6132 101058/16.

159 A.D.3d 640 (2018)

73 N.Y.S.3d 562

2018 NY Slip Op 02252

In the Matter of MARC CONTE, Appellant, v. CITY OF NEW YORK DEPARTMENT OF SANITATION (DSNY) et al., Respondents.

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

Decided March 29, 2018.

DHR's finding of no probable cause was rationally based and was not arbitrary and capricious (see Matter of McFarland v New York State Div. of Human Rights, 241 A.D.2d 108, 111 [1st Dept 1998]). Petitioner, a probationary employee, was terminated upon a unanimous vote by DSNY's Employee Review Board, after receiving four "unsatisfactory" quarterly performance reviews and nine written warnings. Petitioner failed to produce evidence...

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