Matter of Di Vito v. State of New York, Dep't of Labor

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. Petitioner’s "persistent unwillingness to accept the directives of his superiors” clearly supports the finding of insubordination (Matter of Short v Nassau County Civ. Serv. Comm., 45 NY2d 721, 723). Moreover, in cases involving internal discipline as distinct from external regulation the administrative agency has a discretion of broader range because of "the complexity and sensitiveness of personnel administration in continuing intraorganizational relationships” (Matter of Ahsaf v Nyquist, 37…