SPENCER v. O'HAGAN


60 A.D.2d 538 (1977)

Cuthbert A. Spencer, Petitioner, v. John T. O'Hagan, as Fire Commissioner of The City of New York, et al., Respondents

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

December 15, 1977


Unanimously modified, on the law, to the extent of vacating the dismissal and substituting therefor a one-year suspension, and, as so modified, confirmed, without costs and without disbursements.

On this record there is substantial evidence supporting the administrative determination that petitioner unjustifiably failed to obey orders to report for full duty on April 16, 1977 and April 20, 1977 and was, in consequence, absent without leave on those occasions. However...

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