De Martino v. Kiley

—Proceeding pursuant to CPLR article 78 to review a determination of respondents, dated January 23, 1984, which, after a hearing, found petitioner guilty of misconduct and dismissed him from his position as a police officer with the New York City Transit Authority.

Petition granted to the extent of vacating the penalty imposed, on the law, with costs, and matter remitted to the respondent New York City Transit Authority for reconsideration of the issue of an appropriate penalty in accordance herewith.

Substantial evidence exists in the record to support respon*703dents’ determination sustaining the…