Petitioner's article 78 proceeding, challenging respondents' determination as arbitrary and capricious and not supported by substantial evidence, was transferred to this court pursuant to CPLR 7804 (g). Although the determination followed from a mandatory disciplinary hearing (Civil Service Law § 75), such transfer was not appropriate because the issue herein is not one of fact, but of interpretation of the departmental rule which petitioner allegedly violated. (Matter...
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