NYCHA Employee Fired for Not Securing Out-of-Service Elevators

June 24, 2015

LVT Number: #26244

Former NYCHA employee filed an Article 78 appeal of NYCHA’s decision to terminate his employment based on disciplinary charges. The court ruled against the employee, finding that NYCHA’s decision was based on substantial evidence. The employee failed to follow standard safety measures. He failed to post out-of-service notices at elevator banks or to secure the elevators during repairs and outages so that the public couldn’t use them. As a result, a tenant was injured while one of the elevators was in inspection mode and out of service.

 

 

Former NYCHA employee filed an Article 78 appeal of NYCHA’s decision to terminate his employment based on disciplinary charges. The court ruled against the employee, finding that NYCHA’s decision was based on substantial evidence. The employee failed to follow standard safety measures. He failed to post out-of-service notices at elevator banks or to secure the elevators during repairs and outages so that the public couldn’t use them. As a result, a tenant was injured while one of the elevators was in inspection mode and out of service.

 

 

 
Sandy v. NYCHA: 2015 NY Slip Op 03919, 2015 WL 2097898 (App. Div. 1 Dept.; 5/7/15; Mazzarelli, JP, Renwick, Manzanet-Daniels, Clark, JJ)

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