Accomando v. Kelley

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1976-10-05
Citations: 54 A.D.2d 696, 387 N.Y.S.2d 543, 1976 N.Y. App. Div. LEXIS 14262
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Lead Opinion

Proceeding pursuant to CPLR article 78 to review two determinations of the respondent commissioner, one as to each petitioner, both dated January 15, 1976, which, after a hearing, found the respective petitioners guilty of certain charges of misconduct and, inter alia, suspended petitioner Accomando from duty without pay for 10 days, and suspended

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petitioner Zablocki from duty without pay for 20 days. Determinations confirmed and proceeding dismissed, on the merits, with $50 costs and disbursements. In our opinion, there was substantial evidence adduced at the departmental hearing to support the commissioner’s determinations (see Matter of Orza v Kelley, 53 AD2d 671). The penalty imposed upon each petitioner was not such as should be disturbed by this court (see Matter of Pell v Board of Educ., 34 NY2d 222; cf. Matter of Orza v Kelley, supra). Cohalan, Acting P. J., Margett, Damiani, Shapiro and Titone, JJ., concur.