Opinion
July 10, 1967
Proceeding under CPLR article 78 to annul a determination made by the respondent director of Brooklyn State Hospital, suspending petitioner, an attendant at the hospital, for 30 days without pay, after presentation and hearing of charges of insubordination and conduct unbecoming a State hospital employee (Civil Service Law, § 75). The proceeding was transferred to this court for disposition. Determination modified, without costs, so as to find petitioner guilty with respect only to specification 4 of charge 1 and so as to dismiss the remaining charges and specifications; and proceeding remitted to respondent for the purpose of determining the appropriate punishment therefor. On the present record, it is our opinion that petitioner was guilty only to the extent indicated. Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Nolan, JJ., concur.