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MATTER OF DI VITO v. STATE OF NEW YORK, DEP'T OF LABOR

48 N.Y.2d 761 (1979)

In the Matter of John Di Vito, Appellant, v. State of New York, Department of Labor, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 13, 1979.

Attorney(s) appearing for the Case

Carmin R. Putrino for appellant.

Robert Abrams, Attorney-General (Maurice K. Peaslee and Shirley Adelson Siegel of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. Petitioner's "persistent unwillingness to accept the directives of his superiors" clearly supports the finding of insubordination (Matter of Short v Nassau County Civ. Serv. Comm., 45 N.Y.2d 721, 723). Moreover, in cases involving internal discipline as distinct...

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