IN THE MATTER OF NUZZO v. HORN


25 A.D.3d 342 (2006)

805 N.Y.S.2d 836

In the Matter of BENNY NUZZO, Petitioner, v. MARTIN F. HORN, as Commissioner of Department of Correction of the City of New York, Respondent.

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

January 5, 2006.


Respondent's findings that petitioner took property from its facility at Rikers Island without proper authorization, provided false entries on his work time sheets and then provided misleading testimony during his official interview are supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 180 [1978]). There is no basis to disturb the Administrative Law Judge's credibility findings...

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