Auer v. Village of Westbury

—Determination unanimously annulled on the law without costs and petition granted. Memorandum: Petitioner commenced this CPLR arti*1060cle 78 proceeding to annul a determination of respondent, Village of Westbury, that, after a hearing, found petitioner guilty of misconduct for abuse of sick leave and suspended him from work for a period of 30 days without pay. Petitioner has been employed by respondent as a sanitation worker since November 19, 1987. Under the collective bargaining agreement between respondent and its employees, an employee is entitled to one sick day per month. The fact that…