Braxton v. Koehler

Determination of the respondent Correction *572Commissioner of the City of New York, dated October 16, 1989, which dismissed petitioner from his position as a correction officer, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this court by order of Sup Ct, NY County [Martin Stecher, J.], entered Dec. 29, 1989) is dismissed, without costs or disbursements.

There is substantial evidence in the record to support the Commissioner’s determination that petitioner, on or about January 21, 1989, refused the lawful order of a superior…