MATTER OF JONES v. McCARTHY


7 A.D.2d 710 (1958)

In the Matter of Howard Jones, Petitioner, v. Henry L. McCarthy, as Commissioner of The Department of Welfare of the City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 2, 1958


Motion to amend the record made on the argument is granted and the report and recommendation of the hearing officer is made part of the record on appeal. The determination is confirmed insofar as it sustains certain charges. We find the dismissal with consequent loss of pay privileges and pension rights in the circumstances of this case was harsh and unwarranted and, therefore, must be considered an abuse of discretion. (Civ. Prac. Act, § 1296, subd. 5-a; Matter of...

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