New York Court of Appeals March 27, 2007 (Rutkunas v. Stout)

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be modified, with costs to appellants-respondents, by dismissing the petition in its entirety and, as so modified, affirmed.

Petitioner’s conduct jeopardized the health and safety of his coworkers and of the public patrons of the facility at which he worked.