Whitehead v. McMickens

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

This is an article 78 proceeding in which petitioner, a New York City Correction Officer, seeks to annul the determination of the Commissioner of the Department of Correction suspending the petitioner without pay for 10 days.

The sole issue presented for this court’s review is whether the Commissioner’s finding that petitioner had acted in a "disrespectful and contemptuous manner” toward a supervisor was supported by substantial evidence in the record (300 Gramatan Ave. Assocs. v State Div. of…