Prioleau v. Nicoletti

Proceeding pursuant to CPLR article 78 to review a determination of Joseph Nicoletti, Jr., the Commissioner of the White Plains Department of Public Works, dated June 28, 2007, which adopted the recommendation of a hearing officer dated June 25, 2007, made after a hearing, inter alia, finding the petitioner guilty of misconduct and incompetence, and terminated his employment as an assistant sanitation superintendent.

Adjudged that the petition is granted, the determination is annulled, with costs, and the matter is remitted to Joseph Nicoletti, Jr., the Commissioner of the White Plains…