Matter of Burke v. Bromberger

Lewis and Conway, JJ.,

dissent in the following memorandum : While we may not substitute our judgment for that of the removing officer, we can and must determine whether the person alleging incompetency or misconduct has sustained the burden of proof, under subdivision 1 of section 22 of the Civil Service Law, by “ substantial evidence ”. (Matter of Miller v. Kling, 291 N. Y. 65, 69.) In the instant case, in view of the confused, conflicting and self-contradictory testimony of the sole witness for appellant, the lack of corroboration of essential particulars of her story, and the undisputed…