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MATTER OF MAHER v. McGRANE

47 A.D.3d 631 (2008)

848 N.Y.S.2d 544

In the Matter of FRANK MAHER, Appellant, v. JEAN-ANN McGRANE, as City Manager, et al., Respondents.

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

Decided January 8, 2008.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The determination that the petitioner was guilty of misconduct is supported by substantial evidence and therefore may not be set aside (see Matter of Torrance v Stout, 38 A.D.3d 910 [2007]). Furthermore, in light of the petitioner's repeated misconduct, the penalty of dismissal was not so disproportionate...

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