Legal Opinion

Keating v. City of Poughkeepsie

Appellate Division of the Supreme Court of the State of New York

Decided March 17, 1997Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the respondent City of Poughkeepsie, dated May 11,1995, finding, after a hearing, that the petitioner was guilty of misconduct and terminating his employment as a sanitation worker.

Adjudged that the determination is confirmed and the proceeding is dismissed, on the merits, with costs.

Notwithstanding the petitioner’s claims to the contrary, the determination is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 180; Matter of Pell v Board of Educ., 34 NY2d 222, 230).

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2Cases cited2 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Foust v. Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 1995

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