MATTER OF MAHABIR v. KELLY

The testimony of respondents' investigators and handwriting expert provides substantial evidence supporting respondents' determination that petitioner mailed a death threat to the Governor, signing the name of a person with whom he had a recent traffic altercation and to whom he mailed a threatening letter containing a racial slur. Such conduct, if proven in court, would constitute the crime of aggravated harassment in the second degree (Penal Law § 240.30), and therefore is not subject to the 18-month limitation period of Civil Service Law § 75 (4). Petitioner's otherwise unblemished record notwithstanding, we view the penalty of dismissal as altogether appropriate.

Concur — Rosenberger, J.P., Kupferman, Asch and Tom, JJ.