For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules DECISION/ORDER In this Article 78 proceeding, petitioner Poholassiki Tchodie (Tchodie) seeks a judgment to overturn an order of the respondent New York City Department of Corrections (DOC) as arbitrary and capricious (motion sequence number 001). For the following reasons, this petition is granted. FACTS Tchodie is a former DOC corrections officer. See verified petition, 2.Tchodie’s employment commenced on December 19, 2016 and carried a two-year probationary period that was initially set to expire on December 18, 2018. Id. However, he took 15 days of annual leave time during those first two years of employment, which resulted in his probationary period being extended by another 15 days until January 8, 2019. See verified answer,
31-32; exhibit 5. DOC terminated Tchodie’s employment on January 9, 2019. Id., 36; exhibit 7. Tchodie thereafter commenced this Article 78 proceeding on May 3, 2019, and DOC filed an answer on July 10, 2019. See verified petition; verified answer. The matter is now before the court (motion sequence number 001). DISCUSSION The court’s role in an Article 78 proceeding is to determine, upon the facts before the administrative agency, whether the determination had a rational basis in the record or was arbitrary and capricious. See Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 (1974); Matter of E.G.A. Assoc. Inc. v. New York State Div. of Hous. & Community Renewal, 232 AD2d 302 (1st Dept 1996). A determination will be deemed “arbitrary and capricious” if it is “without sound basis in reason, and in disregard of the facts.” See Century Operating Corp. v. Popolizio, 60 NY2d 483, 488 (1983), citing Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d at 231. Here, the relevant employment termination rule is set forth in both Section 5.2.8 of the “Personnel Rules and Regulations of the City of New York” and Section 3.30.020 of DOC’s “Employee Rules and Regulations.” The former provides, in pertinent part, as follows: “(b) Notwithstanding the provisions of paragraphs 5.2.1, 5.2.2 and 5.2.8 (a), the probationary term is extended by the number of days when the probationer does not perform the duties of the position, for example: “Limited duty status, annual leave, sick leave, leave without pay, or use of compensatory time earned in a different job title; provided, however, that the agency head may terminate the employment of the probationer at any time during any such additional period.” See verified answer, exhibit 3-A. The latter provides, in pertinent part, as follows: “(b) The period of probationary service for probationary employees shall be extended by the number of days the employee does not perform the duties of the position because of sick leave, annual leave, modified duty, jury duty, death in family, leave without pay, compensatory time, medically monitored duty, absence without leave or suspension from duty without pay. The employment of the probationer may be terminated at anytime during any such additional period.” Id., exhibit 4. In Matter of Norman v. Schriro (2014 NY Slip Op 30955(U) [Sup Ct, NY County 2014]), this court (Moulton, J.) noted that: “DOC Rule 3.30.020 and Rule 5.2.8 of the City Personnel Rules state that a Correction Officer’s probationary period is automatically extended by one day for every day that he or she is absent or on limited duty. See DOC Rule 3.30.020, Rule 5.2.8 of the City Personnel Rules; see also Matter of Smith v. New York City Dept. Of Correction, 292 AD2d 198 (1st Dept 2002) (probationary period extended by number of days Correction Officer was absent from full duty). Probationary periods are extended through additional work days that one must perform, not calendar days. See Matter of Beck v. Walker, 286 AD2d 996 (4th Dept. 2001). Furthermore, General Construction Law (GCL) §20 provides that in computing any specified range of dates for employment purposes, the date upon which one’s employment commences is included in a calculation of days upon which one worked. As such, employment that commences on the first day of the year would end on the last day of the year, not the first day of the following year assuming that one had worked on the first day of the year.” 2014 NY Slip Op 30955(U), *4 ([Sup Ct, NY County 2014) (emphasis added). Here, Tchodie's petition somewhat counterintuitively asserts that he took 16 vacation days during his probationary period. See verified petition,
