Spetalieri v. Quick

— Proceeding pursuant to CPLR article 78 (transferred to *612this court by order of the Supreme Court at Special Term, entered in Ulster County) to review a determination of the Board of Police Commissioners of the City of Kingston which dismissed petitioner from his position with the Kingston Police Department. Petitioner was charged with a violation of the police department’s rules of conduct in that it was alleged that he broke a neighbor’s windows by hurling two objects through them by use of a slingshot. Petitioner was found guilty as charged and was dismissed from his employment on April 2,…