It is hereby ordered that the determination be and the same hereby is unanimously modified on the law and in the exercise of discretion and the petition is granted in part by reducing the penalty to suspension without pay and benefits for one year, commencing July 28, 2003, and as modified the determination is confirmed without costs.
Memorandum:
Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination that he is guilty of misconduct...
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