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MATTER OF JOHNSON v. NEW YORK CITY TRANSIT AUTH.

97 A.D.2d 436 (1983)

In the Matter of Ernest Johnson, Petitioner, v. New York City Transit Authority, Respondent

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

October 11, 1983

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

The respondent's determination that petitioner was guilty of misconduct and incompetence is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176). Considering petitioner's past disciplinary record, the penalty imposed was not so disproportionate to the offense as to be shocking...

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