Opinion
June 30, 1958
Proceeding pursuant to article 78 of the Civil Practice Act to review respondent's determination dismissing petitioner from his position as a Thruway toll collector. The proceeding has been transferred to this court pursuant to section 1296 of the Civil Practice Act. Determination confirmed, without costs. No opinion.
Nolan, P.J., Wenzel and Beldock, JJ., concur;
In our opinion, the measure of punishment inflicted was excessive (Civ. Prac. Act, § 1296, subd. 5-a), in view of the fact that opportunities for errors and omissions concededly were intrinsic in the nature of the work performed by the petitioner, and in view of the fact that no criminal or malevolent intention to defraud was established.