Tatum v. Horn

Determination of respondent Commissioner of Correction, dated November 22, 2005, which terminated petitioner’s employment as a correction officer, unanimously confirmed, the petition denied, and this CPLR article 78 proceeding (transferred to this Court by order of Supreme Court, New York County [Paviola A. Soto, J.], entered March 1, 2006) dismissed, without costs.

We note at the outset that petitioner has abandoned his claim that the Correction Commissioner’s decision was not based upon substantial evidence, which was the basis of the transfer to this Court (CPLR 7804 [g]). Nevertheless, we…