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Matter of Quinn v. Werner

Court of Appeals of the State of New York
Dec 15, 1982
445 N.E.2d 205 (N.Y. 1982)

Opinion

Decided December 15, 1982

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.

William R. Bennett, Town Attorney, for appellant.

James V. Fallon, Jr., for respondent.


On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order modified with costs to appellants, by reinstating the determination of the commissioner as to the second charge and remitting the matter to Supreme Court, Suffolk County, with directions to remand to the commissioner for imposition of penalty as to the second charge alone. As so modified, order affirmed. We agree with the Appellate Division that the determination suspending and demoting the petitioner on the ground that the petitioner failed to investigate and report on an incident which occurred on his employer's premises is not supported by substantial evidence. There is substantial evidence, however, to sustain the charge of insubordination arising from the petitioner's disavowal of any knowledge of the incident to his superior.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


Summaries of

Matter of Quinn v. Werner

Court of Appeals of the State of New York
Dec 15, 1982
445 N.E.2d 205 (N.Y. 1982)
Case details for

Matter of Quinn v. Werner

Case Details

Full title:In the Matter of OWEN QUINN, Respondent, v. ALFRED E. WERNER, as…

Court:Court of Appeals of the State of New York

Date published: Dec 15, 1982

Citations

445 N.E.2d 205 (N.Y. 1982)
445 N.E.2d 205
459 N.Y.S.2d 29

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