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MATTER OF MARTINEZ v. CITY OF NEW YORK

Index No. 154634/20, Appeal No. 16180, Case No. 2021-01665.

206 A.D.3d 532 (2022)

168 N.Y.S.3d 690

2022 NY Slip Op 04096

In the Matter of Jermell Martinez, Appellant, v. City of New York et al., Respondents.

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

Decided June 23, 2022.

Attorney(s) appearing for the Case

Law Office of Caner Demirayak, P.C., Brooklyn (Caner Demirayak of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (D. Alan Rosinus, Jr. of counsel), for respondents.

Concur—Renwick, J.P., Kern, Kennedy, Mendez, Higgitt, JJ.

Petitioner failed to show by competent proof that ACS terminated his employment in bad faith, or for an improper or impermissible reason (see Matter of Che Lin Tsao v Kelly, 28 A.D.3d 320, 321 [1st Dept 2006]; see also Matter of Patterson v City of New York, 173 A.D.3d 540, 541 [1st Dept 2019], lv denied 35 N.Y.3d 906 [2020]). Petitioner's unauthorized absences from November 13, 2019...

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