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In the MATTER OF ERIC MANN, petitioner, v. TOWN OF MONROE, ET AL., respondents.

DECISION JUDGMENT

ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The review of administrative determinations in employee disciplinary cases made as a result of a hearing required by Civil Service Law § 75 is limited to a consideration of whether the determination is supported by substantial evidence ( see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176). Here, the determination is supported by substantial evidence. In addition, the penalty of termination imposed as a result of the administrative hearing does not shock the conscience of the court ( see Matter of Pell v. Board of Educ., 34 N.Y.2d 222).

RITTER, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

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IN THE MATTER OF MANN v. TOWN OF MONROE
(Dec 8, 2003)