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MATTER OF FOSTER v. AURELIUS FIRE DISTRICT

TP 11-01255.

90 A.D.3d 1585 (2011)

935 N.Y.S.2d 788

2011 NY Slip Op 9483

In the Matter of KEVIN W. FOSTER, Petitioner, v. AURELIUS FIRE DISTRICT, Respondent.

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

Decided December 23, 2011.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding challenging the determination finding him guilty of misconduct based upon actions constituting insubordination and failure to follow the chain of command, and imposing a penalty. We note at the outset that petitioner does not raise a substantial evidence issue, and thus Supreme Court erred...

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