<p> Fire Dep't v. Bender OATH Index No. 393/07 (Sept. 27, 2006)</p><p>In default proceeding decided on submitted papers, the evidence established that respondent was guilty of misconduct for being continuously absent from work without leave since November 7, 2005. Termination recommended.</p><p>______</p><p>NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS</p><p>In the Matter of FIRE DEPARTMENT Petitioner - against - GAIL BENDER Respondent ______</p><p>REPORT AND RECOMMENDATION TYNIA D. RICHARD, Administrative Law Judge EXCERPTED FROM TRANSCRIPT OF PROCEEDINGS ON SEPTEMBER 27, 2006 ALJ RICHARD: Okay. Okay. The affidavit marked as Petitioner’s 2 and the affidavit of civilian Personnel Manager Aurora Perez who indicates, one, that the Respondent’s last known address is 1156 Taylor Avenue, #2, Bronx, New York 10472. That is in fact the address at which Respondent was attempted service. It further indicates that having reviewed the records, which is in the ordinary course of Ms. Perez’s responsibilities with the Department, the Respondent has been absent without official leave since November 7, 2005 until the present date, the date of the affidavit being September 25, 2006. And that she’s not on any approved leave of absence, including medical leave. Okay. On the basis of the evidence before me, I find sufficient ground for finding that the Respondent has indeed committed misconduct by being absent without official leave from September 2005 until the present date. Her absence and her failure to apply for any leave, and her failure to appear at today’s hearing, indicates that she is no longer interested in employment with the Department. -2-</p><p>Having found that the Respondent has committed misconduct, I recommend a penalty of termination. I make my finding on the record and will provide you with a copy of the transcript of today’s hearing. MS. DELGADO: Thank you. ALJ RICHARD: Okay. Anything further? MS. DELGADO: Nothing further, Your Honor. ALJ RICHARD: Okay. Thank you. MS. DELGADO: Thank you very much. MR. MULLIN: Thanks, Judge ALJ RICHARD: Thanks.</p><p>SUBMITTED TO:</p><p>NICHOLAS SCOPPETTA Commissioner</p><p>APPEARANCES: </p><p>BELINDA DELGADO, ESQ. Attorney for Petitioner</p><p>No Appearance by Respondent</p>