Cherry v. Horn

Determination of respondent Commissioner, dated March 22, 2007, dismissing petitioner from his position as a correction officer, unanimously confirmed, the petition denied, and the proceeding, brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Lottie E. Wilkins, J.], entered January 23, 2008), dismissed, without costs.

*557The findings that petitioner failed to effectively perform his duties in 2004 and 2005 due to excessive absenteeism and the excessive use of sick leave, and engaged in insubordinate conduct unbecoming of an officer in 2004…