Opinion
Submitted November 12, 1968
Decided November 21, 1968
Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended to read as follows: Order reversed upon the ground that the penalty imposed on appellant is excessive as a matter of law under the controlling statute (Civil Service Law, § 75, subd. 3). Appellant's discharge is annulled and the proceeding remanded to respondent on the dissenting opinion at the Appellate Division for a determination in accordance therewith ( 25 A.D.2d 908).