MATTER OF WHITTINGTON v. Porcari

Memorandum. Judgment of the Appellate Division insofar as appealed from reversed, without costs, and the determination of the commissioner dismissing petitioner from his employment as a Property Conservation Inspector reinstated. The only issue tendered on the appeal is the appropriateness of the sanction imposed on the employee for proven dereliction in the performance of his duties. Although there is an oblique suggestion of malicious motivation and invidious discrimination in singling out petitioner for disciplinary proceedings, it is undisputed that there was substantial evidence of…