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MATTER OF LOWE v. DOHERTY

52 A.D.3d 233 (2008)

859 N.Y.S.2d 76

In the Matter of MATTHEW LOWE, Petitioner, v. JOHN J. DOHERTY, as Commissioner of the New York City Department of Sanitation, et al., Respondents.

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

Decided June 3, 2008.

The finding that petitioner solicited and accepted a gratuity in exchange for collecting trade waste is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 181-182 [1978]), including the testimony of the undercover investigators who conducted an "integrity test" on petitioner and the audio recording they made of the test. No basis...

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