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IN THE MATTER OF MANN v. TOWN OF MONROE
Appellate Division of the Supreme Court of New York, Second Department.
Dec 8, 2003
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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 ยง 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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