Administrative

In the Matter of Jennifer Tabb, Petitioner, v. New York State Office of Court Administration et al., Respondents

149 A.D.3d 44249 N.Y.S.3d 623·New York Supreme Court, Appellate Division·2017·NY

Concur — Renwick, J.P., Richter, Manzanet-Daniels and Feinman, JJ.

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Opinion

In the Matter of Jennifer Tabb, Petitioner, v New York State Office of Court Administration et al., Respondents. [49 NYS3d 623] [MAJORITY] Determination of respondents, dated September 15, 2015, as amended on February 11, 2016, which denied petitioner’s appeal of her placement on involuntary leave from her position as a court officer, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Barbara Jaffe, J.], entered on or about December 22, 2015), dismissed, without costs. The determination that petitioner was incapacitated from employment is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-182 [1978]), including the testimony and report of a forensic psychiatrist. We have considered petitioner’s remaining arguments and find them unavailing. Concur — Renwick, J.P., Richter, Manzanet-Daniels and Feinman, JJ.