Appellate Division of the Supreme Court of the State of New York November 13, 1986 (Bigando v. Schreiber)

Petitioner, a volunteer fireman, was found guilty of leaving his assigned post without permission. On the evening of November 23, 1985, petitioner and two other members of the Union Hose Company were on standby duty at the company headquarters. The dispatcher testified that at 1:38 a.m. on November 24, 1985, he received a call from petitioner stating that he and his men were leaving the station.