MATTER OF GIMMELLI v. REID


74 A.D.2d 694 (1980)

In the Matter of Josephine Gimmelli, Petitioner, v. John H. Reid, as Commissioner of The Rensselaer County Department of Health, et al., Respondents

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

February 21, 1980


Petitioner, a senior stenographer in the Rensselaer County Department of Health, was dismissed upon findings that she had refused to perform certain stenographic duties. While it appears that the initial refusal was in anticipation of a future work assignment and was not a refusal of a present assignment, the element of misconduct is established by substantial evidence. The commissioner further considered the petitioner's equivocal response to questioning at the hearing as...

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