We agree with the IAS Court that petitioner failed to establish that the real reason he was demoted was in retaliation for his union activities and his filing of a discrimination complaint. Respondents presented evidence, credited after a CPLR 7804 (h) hearing, that petitioner questioned respondents' policy concerning hospital visits to wounded correction officers and reacted with aggressive defiance to a superior's attempt to "correct" his reluctance, failed to follow the...
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