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MATTER OF GUASTAFESTE v. NEW YORK CITY DEPARTMENT OF SANITATION

282 A.D.2d 398 (2001)

723 N.Y.S.2d 663

In the Matter of JOSEPH GUASTAFESTE, Petitioner, v. NEW YORK CITY DEPARTMENT OF SANITATION et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 26, 2001.

While it is true that the specifications charging petitioner with misconduct did not expressly state that petitioner caused the accident by negligently losing control of his vehicle, it was clear from the specifications that petitioner was being charged with negligently operating his vehicle. Accordingly, he had sufficient notice of the charges to enable him to adequately prepare his defense (see generally, Matter of Board of Educ. v Commissioner of Educ., ...

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