MATTER OF TRIEBE v. NEW YORK CITY TRANSIT AUTHORITY


280 A.D.2d 323 (2001)

720 N.Y.S.2d 144

In the Matter of MICHAEL TRIEBE, Petitioner, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided February 8, 2001.


The Administrative Law Judge's finding that petitioner knew what his assignment was on the day in question and chose not to perform it is supported by substantial evidence, including petitioner's implausible explanations for his admitted failure to follow instructions. Petitioner's insubordination clearly constituted "misconduct" within the meaning of Civil Service Law § 75, and warranted the penalty...

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