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MATTER OF RODRIGUEZ v. NEW YORK CITY TRANSIT AUTH.

247 A.D.2d 250 (1998)

668 N.Y.S.2d 603

In the Matter of Richard Rodriguez, Petitioner, v. New York City Transit Authority et al., Respondents

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

February 10, 1998

Substantial evidence that petitioner failed to report for duty as directed, failed to report his absence from duty, and submitted false reports in connection with such failures was provided by the testimony of petitioner's supervisors, credited by the Administrative Law Judge (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443), which was itself substantially supported by petitioner's concessions in his motion to reopen the...

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