Conte v. Koehler

— Determination of respondent Correction Commissioner, dated May 10, 1990, which, after a hearing, terminated petitioner from his position as Correction Officer, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Jacqueline W. Silbermann, J.], entered August 22, 1990), is dismissed, without costs.

There was substantial evidence to support the Commissioner’s determination that petitioner was absent without leave for substantial periods of time on two separate occasions,…