In re the Disciplinary Hearing of Bynes

SHEBELL, P.J.A.D.,

dissenting.

None of us is perfect. Curtis Bynes, considering Ms condition, reacted reasonaMy to the overwhelming insensitivity of his superi- or officer. What I see is a severely injured worker, who at best was misunderstood and treated harshly, and who at worst, as undoubtedly he believed, was harassed and subjected to discrimination. His conduct, as a matter of law, did not rise to the level of insubordination under the circumstances presented. See N.J.S.A. 40A:14-147; cf. In the Matter of Morrison, 216 N.J.Super. 143, 523 A.2d 238 (App.Div.1987); City of Newark v. Harry M.…