IN THE MATTER OF DAVEIGA v. CITY OF NEW YORK


57 A.D.3d 451 (2008)

869 N.Y.S.2d 510

In the Matter of KYMEL DAVEIGA, Petitioner, v. CITY OF NEW YORK et al., Respondents.

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

December 30, 2008.


The finding that petitioner violated respondent's policy, set forth in chapter I, rule XII, section C (21) of its personnel manual, prohibiting employees from "commit[ting] any . . . violation of the law either on or off duty or on or off the work site implicating their fitness or ability to perform their duties," is supported by substantial evidence (see Matter of Consolidated Edison Co. of N.Y. v New York State Div. of Human Rights, 77 N.Y.2d 411...

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