Determination unanimously modified on the law and as modified confirmed without costs and matter remitted to respondent Town of Arcade for further proceedings in accordance with the following Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination sustaining charges of misconduct and terminating his employment with respondent Town of Arcade (Town). Those charges arose from the failure of petitioner to complete his road plowing responsibilities...
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