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MATTER OF O'NEILL v. DOHERTY

6663, 101385/11

91 A.D.3d 583 (2012)

937 N.Y.S.2d 581

2012 NY Slip Op 653

In the Matter of BRIAN O'NEILL, Petitioner, v. JOHN DOHERTY, as Commissioner of the Department of Sanitation of the City of New York, Respondent.

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

Decided January 31, 2012.

Respondent's finding that petitioner violated the rule against loading trade waste in excess of six bags without authorization is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 180-181 [1978]). Petitioner and his partner matched the physical description of the sanitation workers a member of the public complained were picking up construction debris from a private...

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