Plaintiff is a Hispanic male. Plaintiff is living with his domestic partner Correction Officer Kathleen Sands. Plaintiff alleges that he was arrested for Grand Larceny Second Degree and Grand Larceny Third Degree. Plaintiff alleges that the alleged charges of Grand Larceny should have been referred to Surrogate’s Court because his ex-wife died in-testate and the dispute was over the proper distribution of monies to minor children. Plaintiff alleges that on or about December 8, 2008, on advice of counsel, he pled guilty to Petit Larceny. Plaintiff alleges that on or about June 2, 2009 defendant CITY through its Office of Administrative Trials and Hearing (OATH) proceeded with the disciplinary case against him. Plaintiff alleges that although he was present, he did not face his accuser.
Plaintiff alleges that on or about August 4, 2009 defendant CITY through OATH recommended that he be found “Guilty” of both charges. Plaintiff alleges that Administrative Law Judge John B. Spooner recommended that he be terminated. Plaintiff alleges that on or about August 27, 2009 after reviewing the OATH recommendation, defendant JOHN J. ANTONELLI imposed the penalty of termination. Plaintiff alleges that defendants’ CITY; JOHN J. ANTONELLI; RICHARD WHITE; DENNIS WALL; ALEXIS CASTIILO and WILLIAM BARNES’S failed to objectively investigate these allegations because of his race.
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