Turner v. McMickens — 72 N.Y.2d 847

Majority

p. 847

In the Matter of Ronald Turner, Petitioner, and George Asbury, Appellant, v Jacqueline McMickens, as Correction Commissioner of the City of New York, et al., Respondents.

Argued May 27, 1988;

decided June 30, 1988

p. 848

APPEARANCES OF COUNSEL

Raymond E. Kerno and Richard Hartman for appellant.

Peter L. Zimroth, Corporation Counsel (Ira J. Lipton and Dana Martine Robbins of counsel), for respondents.

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be affirmed, with costs.

Appellant’s 10-day suspension without pay as a New York City correction officer was based on his failure to discharge his duties in accordance with Department work rules and regulations, resulting in the mistaken release of an inmate. There is substantial evidence in the record to support the finding, which concludes the judicial review and judicial function in this case.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Judgment affirmed, with costs, in a memorandum.