MATTER OF VAN WAGENEN v. LaPAGLIA


202 A.D.2d 953 (1994)

610 N.Y.S.2d 890

In the Matter of Alan Van Wagenen, Petitioner, v. Michael LaPaglia, as Sheriff of Ulster County, Respondent

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

March 31, 1994


The record contains substantial evidence to support the determination finding petitioner guilty of insubordination. We find no merit to petitioner's claim that this finding of guilt was based on information outside the hearing record. Moreover, in light of petitioner's work history and the facts underlying the insubordination charge, we do not find the penalty of dismissal to have been disproportionate under the circumstances....

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