Murray v. Ilion Water Commission

*904Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Herkimer County [Michael E. Daley, J.], entered January 30, 2004) to review a determination of respondent. The determination found petitioner guilty of misconduct and terminated his employment with respondent.

It is hereby ordered that the determination be and the same hereby is unanimously modified on the law and in the exercise of discretion and the petition is granted in part by reducing the penalty to suspension without pay and…