Appellate Division of the Supreme Court of the State of New York August 22, 2005 (Dulanto v. Nicoletti)

*554Proceeding pursuant to CPLR article 78 to review a determination of the respondent Joseph J. Nicoletti, Jr., as Commissioner of the White Plains Department of Public Works, dated February 3, 2004, which, upon adopting in part and rejecting in part the recommendations of a hearing officer, found the petitioner guilty of charge I, specification 1, charge II, specification 1, and charge III,