Schuttak v. Board of Trustees for Endicott

Yesawich Jr., J. P.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Broome County) to review a determination of respondent Board of Trustees of the Village of Endicott which terminated petitioner’s employment as a firefighter for respondent Village of Endicott.

There is substantial evidence in the record to support the conclusion that petitioner was guilty of charge No. 2, misconduct, in that he failed to respond to orders while fighting a fire (see, Matter of Ross v Bringewatt, 134 AD2d 913, lv denied *91771 NY2d 801), and charge No. 3, in…