283 A.D. 1092 | N.Y. App. Div. | 1954
A proceeding under article 78 of the Civil Practice Act to review a determination of the New York City Transit Authority dismissing petitioner from his position as assistant foreman has been transferred to this court (Civ. Prac. Act, § 1296). Petitioner was accused of having tampered with chewing gum vending machines at a subway station on a certain day, while away from his place of duty without permission. After a trial in the Court of Special Sessions of the City of New York, he was acquitted of a charge of petit larceny and possession of burglar’s tools. Thereafter, he was given a hearing before the general superintendent of the Authority, at which a transit patrolman testified that he observed petitioner approach several gum vending machines, insert a nail file in the coin receptacle of each machine, operate the levers and take money out of each receptacle. The patrolman arrested petitioner and found more than fifty pennies on his person. About four years prior to this incident, petitioner had been disciplined as a result of a similar charge and
