MATTER OF ZIRINO v. DIAMOND


259 A.D.2d 443 (1999)

687 N.Y.S.2d 349

In the Matter of ANTHONY ZIRINO, Petitioner, v. WILLIAM J. DIAMOND, as Personnel Director of City of New York, et al., Respondents.

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

Decided March 30, 1999.


Respondent's finding that petitioner improperly solicited money from a tenant to do repair work in the tenant's apartment is supported by substantial evidence, including, in particular, the testimony of the tenant from whom petitioner solicited money. We find no basis for disturbing respondent's credibility findings. However, the penalty of dismissal of this 17-year employee with only two prior minor infractions is so disproportionate to the offense as to shock our sense...

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