Sengstacken v. McAlevey

Proceeding pursuant to article 78 of the CPLR to annul respondents’ determination which discharged petitioner on October 23, 1967 from his position as Building and Zoning Inspector, after a hearing. Determination annulled, on the law, without costs, and petitioner is reinstated to his position as Building and Zoning Inspector. We find that the evidence adduced was insubstantial and the record does not support the finding of the respondent Town Board that petitioner was guilty of misconduct in office. He cannot be held responsible for strict enforcement of building code requirements where his…