After investigating a complaint that one of its workers had collected construction debris, or "trade waste," the New York City Department of Sanitation let Brian O'Neill go.
On administrative appeal, pursuant to CPLR Article 78, O'Neill challenged the investigation which led to his firing--claiming the outcome was contrary to the weight of the evidence.
Since he was in the vicinity where the work occurred, and his truck had contained the unauthorized construction debris, the Appellate Division, First Department, thought there were enough facts pointing to O'Neill as the perpetrator. And, because of O'Neill's extensive record of "disciplinary infractions," the AD1 didn't think his termination shocked its "sense of fairness."
They sure unloaded on him.
To view a copy of the Appellate Division's decision, please use this link: Matter of O'Neill v. Doherty