Legal Opinion

Tuohey v. Malkmes

Appellate Division of the Supreme Court of the State of New York

Decided March 25, 1985Published

1Opinion of the Court

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Superintendent of Highways of the Town of Brookhaven, dated April 21, 1983, which, after a hearing, found petitioner guilty of charges of “gross insubordination” and “failure to perform duties” and dismissed him from employment.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

A review of the record indicates that the findings of the hearing officer, which respondent was permitted to adopt as his own (see, Matter of Teahan v Bates, 97 AD2d 768, 769; Matter of…

2Cases cited3 opinions

  1. Silberfarb v. Board of Cooperative Educational ServicesNew York Court of Appeals · 1983
  2. Glengariff Corp. v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1983
  3. Teahan v. BatesAppellate Division of the Supreme Court of the State of New York · 1983

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