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MATTER OF MORLANO v. CITY OF NEW YORK

133 A.D.2d 829 (1987)

In the Matter of Joseph Morlano, Appellant, v. City of New York et al., Respondents

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

October 26, 1987

Ordered that the judgment is affirmed, with costs.

On this record, it cannot be said that the Civil Service Commission's affirmance of the petitioner's dismissal was "purely arbitrary" (see, Matter of City Council v Carbone, 54 A.D.2d 461, 467). In light of the petitioner's record of nine prior violations, including one for the same infraction, dismissal for the instant offense is not "`"so disproportionate to the...

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