Legal Opinion

Keys v. Schembri

Appellate Division of the Supreme Court of the State of New York

Decided March 12, 1996Published

1Opinion of the Court

We find that there is substantial evidence in the record to support the Commissioner’s determination finding petitioner guilty of insubordination, verbal and physical assault upon coworkers, and refusal to submit to a urinalysis drug test (see, Matter of Sarro v Ward, 166 AD2d 329) and terminating petitioner’s employment. The testimony of three correction officers and two captains established that petitioner had engaged *360in conduct unbecoming an officer and insubordination by verbally abusing, threatening and physically striking a superior officer with his fists, by hitting another correction…

2Cases cited4 opinions

  1. King v. McMickensAppellate Division of the Supreme Court of the State of New York · 1986
  2. Perez v. WardNew York Court of Appeals · 1987
  3. Rice v. SielaffAppellate Division of the Supreme Court of the State of New York · 1992
  4. Sarro v. WardAppellate Division of the Supreme Court of the State of New York · 1990

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