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MATTER OF MATT v. LAROCCA

117 A.D.2d 151 (1986)

In the Matter of John A. Matt, Sr., Petitioner, v. James L. Larocca, as Commissioner of The New York State Department of Transportation, Respondent

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

May 15, 1986

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning, P. C. (William F. Sheehan of counsel), for petitioner.

Robert Abrams, Attorney-General (John Q. Driscoll and William J. Kogan of counsel), for respondent.

MAIN, J. P., and HARVEY, J., concur with MIKOLL, J.; YESAWICH, JR., and LEVINE, JJ., dissent and vote to confirm in an opinion by YESAWICH, JR., J.

MIKOLL, J.

This matter arose from an investigation of alleged mismanagement and misconduct in section 4 of the Department of Transportation's Waterways Division, which was supervised by petitioner. At the initial stage of the investigation and before charges were formally brought, petitioner answered questions posed to him by his superiors regarding the inquiry. On February 28, 1984, petitioner was suspended...

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