Opinion
October 5, 1976
Proceeding pursuant to CPLR article 78 to review two determinations of the respondent commissioner, one as to each petitioner, both dated January 15, 1976, which, after a hearing, found the respective petitioners guilty of certain charges of misconduct and, inter alia, suspended petitioner Accomando from duty without pay for 10 days, and suspended petitioner Zablocki from duty without pay for 20 days. Determinations confirmed and proceeding dismissed, on the merits, with $50 costs and disbursements. In our opinion, there was substantial evidence adduced at the departmental hearing to support the commissioner's determinations (see Matter of Orza v Kelley, 53 A.D.2d 671). The penalty imposed upon each petitioner was not such as should be disturbed by this court (see Matter of Pell v Board of Educ., 34 N.Y.2d 222; cf. Matter of Orza v Kelley, supra). Cohalan, Acting P.J., Margett, Damiani, Shapiro and Titone, JJ., concur.