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MATTER OF SCOTT v. WETZLER

155 Misc.2d 910 (1992)

590 N.Y.S.2d 679

In the Matter of James A. Scott, Petitioner, v. James Wetzler, as Commissioner of the Department of Taxation and Finance of the State of New York, et al., Respondents.

Supreme Court, Albany County.

October 26, 1992

Attorney(s) appearing for the Case

Pattison, Sampson, Ginsberg & Griffin, P. C., Troy, for petitioner. Robert Abrams, Attorney-General, Albany (Lew A. Millenbach of counsel), for respondents.

LAWRENCE E. KAHN, J.

This CPLR article 78 proceeding seeks to annul a determination by the New York State Department of Taxation and Finance which, after a full hearing mandated by Civil Service Law § 75, determined that petitioner was guilty of misconduct.

The Hearing Officer, "based on the entire Record of the proceeding and all of the evidence contained therein," made certain findings and recommendations...

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