Brown v. Murphy

—Determination unanimously modified in the exercise of discretion and as modified confirmed without costs in accordance with the following Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul a determination finding him guilty of charges two, three in part and four and terminating his employment as a custodian for the Penn Yan Central School District. The determination finding him guilty of those charges is supported by substantial evidence (see generally, Matter of Suitor v Keller, 256 AD2d 1140). The penalty of dismissal, however, is so disproportionate to the…