Ware v. Board of Fire Commissioners

*782OPINION OF THE COURT

Ute Wolff Lally, J.

Petitioner, Morris Ware, commenced this CPLR article 78 proceeding seeking a judgment: (1) declaring that the determination of the respondents, Board of Fire Commissioners of the Roosevelt Fire District, Roosevelt Fire District and Roosevelt Fire Department (collectively referred to herein as respondents), that the petitioner engaged in insubordination and gross misconduct was not based upon substantial evidence; (2) declaring that the determination of the respondents terminating him from membership in the Roosevelt Fire Department was an arbitrary and…