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Disciplinary hearing officer?s findings the basis for collateral estoppel in a subsequent administrative hearing concerning the same issue

Disciplinary hearing officer?s findings the basis for collateral estoppel in a subsequent administrative hearing concerning the same issue
Matter of Morales v Commissioner of Labor, 2010 NY Slip Op 01559, Decided on February 25, 2010, Appellate Division, Third Department

Felicita Morales, a community associate for the New York City Housing Authority, was charged with misconduct stemming from a confrontation with her supervisor and was found guilty of [1] yelling at her supervisor, [2] pulling a the telephone away from her superior and [3] failing to leave the supervisor's office when told to do so. The penalty imposed ? dismissal.

Morales then applied for unemployment insurance benefits. The Unemployment Insurance Appeal Board disqualified her from receiving benefits on the ground that her employment was terminated due to misconduct.

The Appellate Division affirmed the Board?s determination. Commenting that Morales ?had a full and fair opportunity to litigate the issue of misconduct at the disciplinary hearing, the Board properly accorded collateral estoppel effect* to the [Trial] Officer's factual findings."

In addition, said the court, ?the record establishes that the Board drew its own conclusion that [Morales?] disrespectful and insubordinate behavior constituted disqualifying misconduct.

* The Doctrine of Collateral Estoppel provides that a judicial or quasi-judicial determination of the facts in such a proceeding are binding on the parties in any future litigation involving the same facts.

Full post as published by New York Public Personnel Law on March 03, 2010 (boomark / email).