- 2 -

Health & Hospitals Corp. (Lincoln Medical and Mental Health Center) v. Martinez

OATH Index No. 229/06 (Jan. 3, 2006)

In a default determination, made on the record, hospital proved charge that aide was continuously AWOL since July 2002. Termination recommended.

______

NEW YORK CITY OFFICE OF

ADMINISTRATIVE TRIALS AND HEARINGS

In the Matter of

HEALTH & HOSPITALS CORP.

(LINCOLN MEDICAL AND MENTAL HEALTH CENTER)

Petitioner

-against-

FELIX MARTINEZ

Respondent

______

REPORT AND RECOMMENDATION

FAYE LEWIS, Administrative Law Judge

EXCERPTS FROM TRANSCRIPT OF PROCEEDINGS HELD ON OCTOBER 24, 2005.

ALJ LEWIS: Okay. Having done all that, I'm going to now place my report and recommendation on the record and I reserve the right to make editing modifications as may be appropriate.

There's one charge of this case that alleges that the respondent has been absent without official leave from his position as an institutional aide, since July 10, 2002. This matter proceeded as an inquest, after petitioner established via affidavit that service to the last known address on file had been made.

The affidavit on the merits, Petitioner's Exhibit 2, has established that respondent is an institutional aide, that he has been absent without official leave, since July 10, 2002, that his absence has negatively impacted his department, and that the respondent has not replied to either the 5-day or the 10-day letter. In addition, the representation made at trial is that, simply, no one has heard from the respondent for about three years.

Considering all that, it appears that respondent has effectively abandoned his job and given his over 3-year absence, the only appropriate recommendation that I can make is that his employment be terminated. That is my recommendation. I will have the report and recommendation transcribed and I will have it sent out when it comes back, which will be about two weeks.

Faye Lewis

Administrative Law Judge

January 3, 2006

SUBMITTED TO:

JOSE SANCHEZ

Commissioner

APPEARANCES:

EVETTA WOOLLERY-JOHNSON, ESQ.

Representative for Petitioner

MARVA LEWIS-BRADFORD, ESQ.

Representative for Respondent