Berardi v. City of New York

Scileppi, J. (dissenting).

Petitioner, a veteran, was charged with misconduct, incompetency and violation of the Rules and Regulations of the Department of Buildings for failing promptly to report to his borough superintendent the removal of certain department records. No corrupt activity on petitioner’s part was alleged. After a hearing, petitioner was found guilty of misconduct and suspended from his position as assistant chief inspector of housing. Admittedly, petitioner did not report the removal of the records to his borough superintendent, but it seems clear to me that the finding of…