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MATTER OF TURNER v. McMICKENS

72 N.Y.2d 847 (1988)

In the Matter of Ronald Turner, Petitioner, and George Asbury, Appellant, v. Jacqueline McMickens, as Correction Commissioner of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 30, 1988.

Attorney(s) appearing for the Case

Raymond E. Kerno and Richard Hartman for appellant.

Peter L. Zimroth, Corporation Counsel (Ira J. Lipton and Dana Martine Robbins of counsel), for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

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

Appellant's 10-day suspension without pay as a New York City correction officer was based on his failure to discharge his duties in accordance with Department work rules and regulations, resulting in the mistaken release of an inmate. There is substantial evidence in the record to support the finding, which concludes the judicial review...

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