Tankard v. Abate

—Judgment, Supreme Court, New York County (Martin B. Stecher, J.), entered November 24, 1993, which granted the petition contesting petitioner’s termination as a correction officer, to the extent of directing an administrative hearing on a framed issue, unanimously modified, on the law, the remand vacated, the petition denied and this proceeding dismissed, without costs.

Since his appointment as a correction officer in 1982, petitioner accumulated an extensive record of lateness, absence *321without leave ("AWOL”) and sick leave, as well as other disciplinary problems. Over the next eleven years,…