Respondent's finding is supported by substantial evidence, including petitioner's own testimony that most of the command diary entries showing the approved vacation days she took were in her own handwriting. No basis exists for disturbing respondent's finding that 21 missing leave of absence reports in a 15-month period cannot be attributed to accident or lax procedures. The penalty of dismissal does not shock our sense of fairness (see Matter of Kelly v Safir,
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MATTER OF CONTE v. KELLY
309 A.D.2d 591 (2003)
765 N.Y.S.2d 43
In the Matter of KATHLEEN CONTE, Petitioner, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided October 14, 2003.
Decided October 14, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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