Smith v. Board of Education of City School District

— Kane, J.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Ulster County) to review a determination of respondent which terminated petitioner’s employment.

On or about February 13, 1985, petitioner was charged with misconduct in the performance of his duties as head custodian for the Kingston School District. The charges provided, inter alia, that: "on Saturday, February 9, at approximately 4:15 in the afternoon you were found by officers of the Kingston Police Department to be asleep in room 008 at Kingston High…