Murano v. Village of Goshen

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Appellate Division, Second Department) to review a determination of respondent Village Board of Trustees of the Village of Goshen which terminated petitioner’s employment with respondent Village of Goshen.

Petitioner was charged, on two separate occasions, with having made an obscene comment and digital gesture while performing his duties as a laborer on a garbage truck for respondent Village of Goshen. The subject of petitioner’s actions testified in detail as to the nature of both the comment and the gesture.…