55 A.D.2d 650 | N.Y. App. Div. | 1976
Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated February 7, 1976 and made after a hearing, which dismissed petitioner from his position as a sanitation man. Petition granted and determination annulled, on the law, without costs or disbursements, and charges dismissed. On November 3, 1975 foreman Santora was punched and beaten by sanitation man Mayer. The petitioner, sanitation man Ridings, was charged with aiding and abetting Mayer in the assault and with failing to come to the aid of Santora. After a hearing, the petitioner was dismissed from his employment. In our opinion, the determination of the respondent commissioner is not supported by substantial evidence (see CPLR 7803, subd 4). Petitioner has a perfect, blemish-free record of employment for the five years he has been a sanitation man. Respondent has drawn the inferences most unfavora