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MATTER OF TURNER v. SIMPSON

60 N.Y.2d 959 (1983)

In the Matter of Frederick Turner, Appellant, v. John D. Simpson, as President of the New York City Transit Authority, Respondent.

Court of Appeals of the State of New York.

Decided November 29, 1983.

Attorney(s) appearing for the Case

Stephen Latzman for appellant.

Robert A. Rifkin and Richard K. Bernard for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In this article 78 proceeding, appellant seeks to set aside a determination made by respondent pursuant to section 75 of the Civil Service Law, terminating appellant's employment by the New York City Transit Authority. Respondent's findings of misconduct and incompetence are supported by substantial evidence in the hearing record and,...

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