MATTER OF LIPSTEIN v. APPLEBY


60 A.D.2d 869 (1978)

In the Matter of Sol Lipstein, Petitioner, v. Thomas Appleby, as Administrator of The Housing and Development Administration of the City of New York, Respondent

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

January 16, 1978


Petition granted and determination annulled, on the law, without costs or disbursements, and respondent is directed to reinstate petitioner with back pay, less the amount of compensation earned in any employment or occupation and any unemployment benefits he may have received.

A review of the record as a whole indicates that the charges against petitioner were not supported by substantial evidence. We would note that the petitioner, who vigorously denied the charges...

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