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MATTER OF CATENA v. VILLAGE OF SOUTHAMPTON

289 A.D.2d 487 (2001)

735 N.Y.S.2d 563

In the Matter of JEFFREY CATENA, Respondent, v. VILLAGE OF SOUTHAMPTON, Appellant.

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

Decided December 24, 2001.

Ordered that the judgment is modified by deleting the provision thereof directing the Village of Southampton to pay the petitioner 60 days full back pay and benefits; as so modified, the judgment is affirmed, with costs.

The petitioner stipulated to his guilt of misconduct, and, as such, the finding of guilt is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176

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