Matter of Curtis Marshall v. Martin Horn
Index No.: 100879/07 SUPREME COURT, NEW YORK COUNTY
In this Article 78 proceeding, Petitioner sought a judgment annulling the determination of Mr. Martin Horn, which terminated his employment as a correction officer. Respondent sought to dismiss the petition for failure to state a cause of action.
Petitioner was a probationary correction officer with DOC. He stopped at a local bodega and bought a straight edge razor in order to make an opening inside the stitched area of the upper left side of his new regulation shirt so that he could affix his shield to the shirt. After using the razor, Mr. Marshall placed it in a small plastic container which he put in his gym bag. He then reported to work to begin his 7:OO a.m. to 3:OO p.m. tour of duty.
Upon entering his work site, Petitioner placed his gym bag on the x-ray scanner and proceeded to walk through security. The correction officer manning the security post, noticed the razor in Petitioner’s gym bag and instructed him to put it in the amnesty box outside. The officer on dutyinformed Petitioner that she would have to report the incident.
After being transferred to a different assignment the Petitioner was terminated from his position.
Petitioner then commenced this Article 78 proceeding by the filing a notice of petition and
verified petition on January 19,2007, challenging DOC’S determination that he be discharged on the
grounds that DOC’S actions were arbitrary, capricious and made in bad faith.
Petitioner asserts in his petition that DOC’S decision to terminate him for mistakenly placing the razor in the gun box instead of the amnesty box lacked a rational basis because his
“unfamiliarity with the amnesty box does not violate any rule or regulation and the only directive pertaining to amnesty boxes makes clear that it exists for individuals visitingthe correction facilities.”
The Court wrote that :
“Inasmuch as the petition fails to “allege evidentiary facts suggesting that the dismissal was motivated by an improper purpose or bad faith,” the petition must be dismissed for failure to state a cause of action.
The cross motion to dismiss the petition was granted.
