Maldarelli v. Doherty

*471Determination of respondent, dated December 29, 2005, terminating petitioner’s employment with the Department of Sanitation (DOS), 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 [Alice Schlesinger, J.], entered August 7, 2006) dismissed, without costs.

The determination was supported by substantial evidence that petitioner was guilty of misconduct, as indicated by his conviction of insurance fraud in the third degree. The fraud in question was not committed against the…