IN THE MATTER OF HENDERSON v. CITY OF NEW YORK


12 A.D.3d 159 (2004)

786 N.Y.S.2d 138

In the Matter of DARRYL HENDERSON, Petitioner, v. CITY OF NEW YORK et al., Respondents.

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

November 4, 2004.


Petitioner does not dispute that there was substantial evidence to support respondent's findings that on the specified occasion he was verbally abusive and acted in a threatening manner toward his supervisor, but contends that the misconduct did not warrant the penalty of dismissal. Petitioner's dismissal, however, is not under the circumstances shocking to our sense of fairness, particularly in light of his prior disciplinary record, which included a suspension for similarly...

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