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Matter of Wagenen v. Lapaglia

Appellate Division of the Supreme Court of New York, Third Department
Mar 31, 1994
202 A.D.2d 953 (N.Y. App. Div. 1994)

Opinion

March 31, 1994

Appeal from the Supreme Court, Ulster County.


The record contains substantial evidence to support the determination finding petitioner guilty of insubordination. We find no merit to petitioner's claim that this finding of guilt was based on information outside the hearing record. Moreover, in light of petitioner's work history and the facts underlying the insubordination charge, we do not find the penalty of dismissal to have been disproportionate under the circumstances.

Mikoll, J.P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Wagenen v. Lapaglia

Appellate Division of the Supreme Court of New York, Third Department
Mar 31, 1994
202 A.D.2d 953 (N.Y. App. Div. 1994)
Case details for

Matter of Wagenen v. Lapaglia

Case Details

Full title:In the Matter of ALAN VAN WAGENEN, Petitioner, v. MICHAEL LaPAGLIA, as…

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

Date published: Mar 31, 1994

Citations

202 A.D.2d 953 (N.Y. App. Div. 1994)
610 N.Y.S.2d 890