Legal Opinion
Wagner v. Roth
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 2004PublishedCited by 2 opinions
1Opinion of the CourtCarpinello, J.
Proceeding pursuant to CFLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which terminated petitioner’s employment.
In September 2001, petitioner, an office manager with the Department of Taxation and Finance, was charged with, among other things, using his Department-issued computer during *584working hours “to send, forward or respond to non-work related” e-mail, “to transmit sexually suggestive and/or offensive material”* and to “access various non-work related” and/or offensive Internet Web sites in…
2Cases cited7 opinions
- Bottari v. Saratoga Springs City School DistrictAppellate Division of the Supreme Court of the State of New York · 2004
- Matter of Di Vito v. State of New York, Dep't of LaborNew York Court of Appeals · 1979
- Ernst v. Saratoga CountyAppellate Division of the Supreme Court of the State of New York · 1998
- Smith v. Board of Education of Taconic Hills Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1997
- Phillips v. Le PageAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by2 opinions
- Sindoni v. County of TiogaAppellate Division of the Supreme Court of the State of New York · 2009
- Matter of Brooks v. New York State Dept. of Corr. & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2023