Opinion
June 18, 1962
Proceeding under article 78 of the Civil Practice Act, to review and annul respondents' determination, made after a hearing, which found petitioner guilty upon a charge of misconduct and which dismissed him from his position as a penitentiary guard. By order of the Supreme Court, Westchester County, made March 7, 1962, pursuant to section 1296 of the Civil Practice Act, the proceeding has been transferred to this court for disposition. Determination confirmed, without costs. No opinion. Ughetta, Acting P.J., Christ, Brennan and Hopkins, JJ., concur; Kleinfeld, J., concurs in the confirmation with respect to the finding of guilt, but dissents with respect to the penalty of dismissal, and votes to modify the determination by suspending petitioner from his office for a period of six months.