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In the Matter of STEPHEN EBLING, Petitioner, v. TOWN OF EDEN, Respondent.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination terminating him from employment following a hearing pursuant to Civil Service Law § 75. We reject petitioner's contention that the determination is not supported by substantial evidence ( see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-182). Rather, we conclude that the evidence presented at the hearing included "such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact" ( id. at 180). Contrary to the further contention of petitioner, he was not denied his right to a fair hearing by the admission of hearsay evidence ( see generally Matter of Gray v Adduci, 73 NY2d 741, 742; Matter of Gates of Goodness Mercy v Johnson, 49 AD3d 1295).

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EBLING v. EDEN
(Feb 6, 2009)