Determination annulled on the law and the facts, without costs, and matter remitted to respondent for reconsideration and imposition of a lesser penalty.
While the evidence is sufficient to support the finding of petitioner's guilt as charged, it is our opinion that the measure of punishment imposed constitutes an abuse of discretion (see Civ. Prac. Act, § 1296, subd. 5-a). The charges were not of sufficient gravity to justify petitioner's discharge from his...
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