MATTER OF STUART v. CITY OF NEW YORK


228 A.D.2d 228 (1996)

643 N.Y.S.2d 112

In the Matter of Michael Stuart, Petitioner, v. City of New York et al., Respondents

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

June 11, 1996


Substantial evidence supports respondent's determination on the specified charge of having engaged in an altercation with a supervisor (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 180-182). That the Hearing Officer, for purposes of determining a penalty, considered petitioner's personnel records which disclosed two prior acts of insubordination, did not constitute an amendment of the charge...

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