Foster v. Aurelius Fire District

Memorandum:

Petitioner commenced this CPLR article 78 proceeding challenging the determination finding him guilty of misconduct based upon actions constituting insubordination and failure to follow the chain of command, and imposing a penalty. We note at the outset that petitioner does not raise a substantial evidence issue, and thus Supreme Court erred in transferring the proceeding to this Court (see Matter of Smeraldo v Rater, 55 AD3d 1298, 1299 [2008]). In the interest of judicial economy, however, we will address the merits of the issues raised by petitioner (see id.).

We reject…