Appellate Division of the Supreme Court of the State of New York October 25, 2011 (Ricketts v. New York City Health)

Substantial evidence, including the parties’ stipulation and the testimony of petitioner’s supervisor, supports HHC’s deter-*594urination that petitioner engaged in misconduct consisting of excessive absences, absence without official leave (AWOL), and failure to follow HHC’s call-in policy (see Matter of Berenhaus v Ward, 70 NY2d 436, 443 [1987]).