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MATTER OF MALDARELLI v. DOHERTY

40 A.D.3d 470 (2007)

836 N.Y.S.2d 178

In the Matter of LOUIS MALDARELLI, Petitioner, v. JOHN DOHERTY, as Commissioner of the Department of Sanitation of the City of New York, Respondent.

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

Decided May 24, 2007.

The determination was supported by substantial evidence that petitioner was guilty of misconduct, as indicated by his conviction of insurance fraud in the third degree. The fraud in question was not committed against the City or petitioner's departmental employer (see 7 A.D.3d 384 [2004]). Rather, it was perpetrated against his private insurer when he backed up a claim for lost earnings resulting from an accident by submitting forged...

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