Matter Matthew K. O'Brien v. Norman Steisel Et Al‪.‬

[104 A.D.2d 817 Page 817] In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the Department of Sanitation of the City of New York, dated August 6, 1982, which dismissed the petitioner from his position as tractor operator, the Commissioner appeals from a judgment of the Supreme Court, Richmond County (Rubin, J.), dated July 12, 1983, which granted the petition to the extent that the penalty imposed was reduced to a fine.