MATTER OF FERNANDEZ v. NEW YORK CITY TAXI & LIMOUSINE COMM'N


193 A.D.2d 423 (1993)

597 N.Y.S.2d 337

In the Matter of Sebastian Fernandez, Petitioner, v. New York City Taxi & Limousine Commission, Respondent

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

May 11, 1993


Upon review of the record, we find that there was substantial evidence to support the respondent's determination that petitioner harassed, made sexual comments to and grabbed the breast of a female passenger in his taxicab. We reject petitioner's argument that Taxicab Drivers rule 109 (35 RCNY 2-61 [a]), which prohibits a driver, while performing his duties and responsibilities, from performing "any willful act of omission or commission which is against the best interests...

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