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MATTER OF CHERRY v. HORN

1243, 109938/07.

66 A.D.3d 556 (2009)

887 N.Y.S.2d 82

2009 NY Slip Op 7491

In the Matter of BERNARD CHERRY, Petitioner, v. MARTIN HORN, as Correction Commissioner of the New York City Department of Correction, et al., Respondents.

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

Decided October 22, 2009.

The findings that petitioner failed to effectively perform his duties in 2004 and 2005 due to excessive absenteeism and the excessive use of sick leave, and engaged in insubordinate conduct unbecoming of an officer in 2004 and 2006 by refusing to comply with numerous orders from superior officers, are supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45...

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