Romano v. Town Board of Colonie

—Mercure, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Town Board of the Town of Colonie which terminated petitioner’s employment.

Following administrative proceedings pursuant to Civil Service Law § 75, petitioner’s employment as principal clerk with the Town of Colonie Highway Department was terminated upon a finding that he was guilty of misconduct due to excessive absenteeism. It is undisputed that petitioner was absent from work 41 days between February 8, 1991 and July…