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MATTER OF O'DETTE v. NEW YORK STATE UNIFIED COURT SYSTEM

10425, 103174/12.

107 A.D.3d 564 (2013)

969 N.Y.S.2d 2

2013 NY Slip Op 4703

In the Matter of MICHAEL O'DETTE, Petitioner, v. NEW YORK STATE UNIFIED COURT SYSTEM, Respondent.

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

Decided June 20, 2013.

Substantial evidence supports respondent's determination that petitioner engaged in the misconduct alleged (Matter of Nelke v Department of Motor Vehs. of the State of N.Y., 79 A.D.3d 433 [1st Dept 2010]). Petitioner's argument that his conduct was involuntary because it was the result of illnesses, Tourette's Syndrome and obsessive-compulsive disorder, from which he suffers, and therefore does not constitute misconduct is unavailing...

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