MATTER OF NEDD v. CARTER


206 A.D.2d 748 (1994)

614 N.Y.S.2d 940

In the Matter of Fitzroy Nedd, Petitioner, v. Mack L. Carter, Jr., as Commissioner of Hospitals of the County of Westchester, et al., Respondents

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

July 21, 1994


The issue in this proceeding is whether there is substantial evidence to support the finding of misconduct made against petitioner. Petitioner, a food service operator, was found guilty of, inter alia, stealing. In our view, the determination is supported by substantial evidence and accordingly should be confirmed. Petitioner's arguments to the contrary center around questions of credibility which were for the Hearing Officer to resolve.

Adjudged that the determination...

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