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MATTER OF CLAIM OF WINTERS

515809.

109 A.D.3d 1034 (2013)

971 N.Y.S.2d 364

2013 NY Slip Op 5942

In the Matter of the Claim of WILLIAM WINTERS, Respondent. PEEKSKILL CITY SCHOOL DISTRICT, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided September 19, 2013.

Claimant, a school custodian, was charged under Civil Service Law § 75 with misconduct, incompetence and insubordination. Following a hearing, he was found guilty of misconduct and insubordination as the result of numerous incidents, including that he slept on duty in February 2009 and used vacation days in May 2010 without giving proper notice or obtaining authorization to do so. The Hearing Officer further determined that claimant had committed misconduct and insubordination...

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