Opinion
June 22, 1990
Appeal from the Supreme Court, Onondaga County, Miller, J.
Present — Denman, J.P., Boomer, Pine, Balio and Davis, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: There is substantial evidence in the record to support respondent's determination that petitioner, a mechanic, was guilty of misconduct and incompetence in the performance of his work. We cannot say on this record that the penalty of dismissal was improper (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 237). We reject petitioner's argument that he was denied his constitutional right to a fair hearing because he was not sufficiently apprised of the charges against him. In our view, the charges were sufficiently specific to enable him to prepare his defense (see, Matter of Fitzgerald v Libous, 44 N.Y.2d 660; Matter of Buffalo Mem. Chapels v. Axelrod, 152 A.D.2d 969; Matter of Bahouth v. Sardino, 125 A.D.2d 990, 991; cf., Montrois v. City of Watertown, 115 A.D.2d 298, appeal dismissed 67 N.Y.2d 757).