Bessie Gibson--an account clerk with the Albany City School District--was fired for "unsatisfactory work performance" and "excessive absenteeism."
When she challenged her termination by way of a special proceeding, brought pursuant to CPLR Article 78, the Albany County Supreme Court referred the matter to the Appellate Division, Third Department.
Because it thought the outcome was supported by "substantial evidence"--such as the testimony of her supervisors and co-workers--the AD3 left the outcome undisturbed. (It didn't find the dismissal an "inappropriate and excessive penalty" or "shocking" to its "judicial conscience.")
Were they overly absent-minded?
To view a copy of the Appellate Division's decision, please use this link: Matter of Gibson v. Board of Education for the City School District of Albany