Matteson v. City of Oswego

— Determination unanimously modified on the law and as modified confirmed without costs and matter remitted to respondent Mayor for further proceedings in accordance with the following Memorandum: In this CPLR article 78 proceeding transferred to our Court pursuant to CPLR 7804 (g), petitioner seeks to annul respondent Mayor’s determination that he was guilty of misconduct while employed by the City of Oswego as Marine Maintenance Supervisor. Petitioner also contends that the penalty imposed was arbitrary, capricious and an abuse of discretion.

Upon our review of the record, we conclude that…