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MATTER OF FRIERSON v. PONTE

101854/16, 9223, 101685/16, 9222.

172 A.D.3d 454 (2019)

97 N.Y.S.3d 852

2019 NY Slip Op 03535

In the Matter of Harmon Frierson, Appellant, v. Joseph Ponte et al., Respondents. In the Matter of Dwayne Maynard, Appellant, v. Joseph Ponte et al., Respondents.

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

Decided May 7, 2019.

Petitioners were properly terminated from their positions as tenured correction officers pursuant to Public Officers Law § 30 (1) (e), as they were each charged and convicted of official misconduct in violation of Penal Law § 195.00 (see Matter of Hodgson v McGuire, 75 A.D.2d 763 [1st Dept 1980]). A conviction of official misconduct involves misconduct in the line of duty and necessarily involves a violation of petitioners...

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