Employment Misconduct: Licciardi v. City of Rochester

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Appellate Division, Fourth Department

Employment Misconduct

Legal Sufficiency

Licciardi v. City of Rochester
TP 11-00777
Appealed from Supreme Court, Monroe County

Background: The petitioner had commenced an Article 78 proceeding to annul the determination terminating his employment as a firefighter. His termination was based on four instances of misconduct that involved petitioner’s part-time outside employment while on sick leave from his employment as a firefighter. The petitioner was also charged with knowingly or intentionally making a false report by submitting a physician’s letter that he was too sick to work.

Ruling: The Appellate Division found that there was no relevant proof on the record to establish that part-time employment outside of employment as a firefighter was improper or illegal. In addition, the court found that the petitioner had not submitted a false report as the physician had testified that such part-time work was therapeutic and the disability preventing the petitioner from working was causally related to the fire department employment.

Lawrence J. Andolina of Trevett Cristo Salzer & Andolina for the petitioner; Igor Shukoff, acting corporation counsel, for the respondent