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CHOUDHRI v. NEW YORK CITY DEPARTMENT OF EDUCATION

49 A.D.3d 299 (2008)

852 N.Y.S.2d 133

TOUQUIR CHOUDHRI, Petitioner, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent.

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

Decided March 6, 2008.

There was substantial evidence in the record to support the charges of misconduct based upon petitioner's undisputed acts of insubordination relating to his excessive use of the Internet for nonbusiness reasons. Given that evidence, combined with petitioner's many disruptive absences, late arrivals, and early departures, the determination to terminate petitioner's employment was not so disproportionate as to shock the judicial conscience...

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