Appellate Division of the Supreme Court of New York, 1977

Palumbo v. Frank

Palumbo v. Frank
Appellate Division of the Supreme Court of New York · Decided June 27, 1977
58 A.D.2d 648
Palumbo v. Frank

Opinion of the Court

— Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated February 26, 1976 and made after a hearing, which found petitioner guilty of two specifications and fined him a total of three days’ pay. Determination confirmed and proceeding dismissed on the merits, with $50 costs and disbursements. In our opinion substantial evidence was adduced at the departmental hearing to sustain findings that petitioner failed to make an hourly call over a departmental telephone, and also failed to acknowledge a radio call that a burglary was in progress, in violation of the department’s rules and regulations. Hopkins, J. P., Shapiro, Hawkins and Suozzi, JJ., concur.

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