Appellate Division of the Supreme Court of the State of New York November 1, 2012 (McKenzie v. Board of Education of City School District)

Kavanagh, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which terminated petitioner’s employment.

Petitioner was employed as a custodian for the City School District of Albany when, in 2009, police responded to his home in connection with a domestic violence complaint.