Preview:

Sheridan v Farley 2011 NY Slip Op 32878(U) October 26, 2011 Supreme Court, New York County Docket Number: 105335/2011 Judge: Eileen A. Rakower Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

SCANNEDON 1013112011

[* 1]

SUPREME COURT OF THE STATE OF NEW YORK
PRESENT:
Justice
I I -

-

NEW YORK COUNTY

INDEX NO.
MOTION DATE

PART

Index Number : 105335/201I

SHERIDAN, ERIKA vs. FARLEY, THOMAS A.
SEQUENCE NUMBER : 001

MOTION SEO. NO.

ARTICLE 78

Notlce ot Motion/ Order to Show Cause - Attldavlts - Exhlblta Answering Affldavlts - Exhlblts Replying Affldavlts

i

MOTION CAL. N O .

I

this motion tolfor
PAPERS NUMBERED

...

L
z?
I

Cross-Motion:

Yes

No

Upon the forsgolng papers, it Is ordered that this motion

This judgment has not been entered by the County Clerk and notice of entry cannot be served based hereon. To obtain entry, counsel or authorized representative must appear in person at the Judgment Clerk's Desk (Room

UNFILED JUDGMENT

141B).

Check one:

0 NON-FINAL DISPOSITION Check if appropriate: u DO NOT POST 0 REFERENCE r3 SUBMIT ORDER/ JUDG. fl SETTLE ORDER/ JUDG.
FINAL DISPOSITION

[* 2]

THOMAS A. FARLEY, Commissioner of the New York City Department of Health and Mental Hygiene, and the NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE,

Mot. Seq. 001

Erika Sheridan ("Petitioner") brings this Article 78 proceeding challenging her termination fkom respondent New York City Department of Health and Mental Hygiene ("DOHMH"). Petitioner was a provisional appointee in the position of Associate Staff Analyst from June 15, 2009 until her termination on January 7, 201 1. In this capacity, she was responsible for "analyzing medical software slated for doctors and nurses working within the NYC Jail Clinics" pursuant to a federally funded program known as the eClinicalWork Electronic Health Record ("eCW'). Specifically, Petitioner's job was to "ensur[e] the medication component functioned properly.'' Petitioner claims that in the course of her duties, she "uncovered several critical software flaws that resulted in inmate injury." Specifically, the program was flawed in that
0

the software did not maintain an accurate history of prescribed medications, resulting in over or under-medication of inmates; critical information was missing from medication orders resulting in inaccurate data in the patient's chart; there were no safeguards to ensure that prescribed medication was processed through pharmacies, resulting in inmates being released without critical medication; and

UNFILED JUDGMENT
This - judgment has not been entered by the County Clerk and notice of entry cannQt be served based hereon. To obtain entry, counsel or authorized representative must appear in person at the Judgment Clerk's Desk (Room 1410).

1

[* 3]

prescribed medication orders that were processed and given to patiefits were removed from the system leaving no record of the order resulting in inaccurate record keeping and accountability. Petitioner states that she documented these problems and brought them to the attention of her supervisor, Executive Director Richard Stazesky, via e-mail. Petitioner claims that Stazesky verbally admonished her to stop documenting the problems with the program. Petitioner "flatly refused" to remain silent about the problems, and Stazesky continued to admonish her "for several months" until she was told on January 7,201 1 that her services were no longer required. Petitioner alleges that she was wronghlly terminated by DOHMH in retaliation for her whistle-blowing concerning the potential dangers of the eCW system, in violation of Civil Service Law ("CSL")

Download 2011_32878.pdf

New York Law