MATTER OF WHITTINGTON v. PORCARI


35 N.Y.2d 839 (1974)

In the Matter of Donald Whittington, Respondent, v. James A. Porcari, Jr., Appellant.

Court of Appeals of the State of New York.

Decided November 21, 1974.


Attorney(s) appearing for the Case

John D. Doyle, Corporation Counsel (Brian J. Burroughs of counsel), for appellant.

Thomas W. O'Connell for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in memorandum.


MEMORANDUM.

Judgment of the Appellate Division insofar as appealed from reversed, without costs, and the determination of the commissioner dismissing petitioner from his employment as a Property Conservation Inspector reinstated. The only issue tendered on the appeal is the appropriateness of the sanction imposed on the employee for proven dereliction in the performance of his duties. Although there is an oblique suggestion...

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