Accomando v. Kelley

Appellate Division of the Supreme Court of New York

Accomando v. Kelley

54 A.D.2d 696, 387 N.Y.S.2d 543, 1976 N.Y. App. Div. LEXIS 14262

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 5, 1976

StatusPublished

This text of 54 A.D.2d 696 (Accomando v. Kelley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Accomando v. Kelley, 54 A.D.2d 696, 387 N.Y.S.2d 543, 1976 N.Y. App. Div. LEXIS 14262 (N.Y. Ct. App. 1976).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review two determinations of the respondent commissioner, one as to each petitioner, both dated January 15, 1976, which, after a hearing, found the respective petitioners guilty of certain charges of misconduct and, inter alia, suspended petitioner Accomando from duty without pay for 10 days, and suspended [697]*697petitioner Zablocki from duty without pay for 20 days. Determinations confirmed and proceeding dismissed, on the merits, with $50 costs and disbursements. In our opinion, there was substantial evidence adduced at the departmental hearing to support the commissioner’s determinations (see Matter of Orza v Kelley, 53 AD2d 671). The penalty imposed upon each petitioner was not such as should be disturbed by this court (see Matter of Pell v Board of Educ., 34 NY2d 222; cf. Matter of Orza v Kelley, supra). Cohalan, Acting P. J., Margett, Damiani, Shapiro and Titone, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Proceeding pursuant to CPLR article 78 to review two determinations of the respondent commissioner, one as to each petitioner, both dated January 15, 1976, which, after a hearing, found the respective petitioners guilty of certain charges of misconduct and, inter alia, suspended petitioner Accomando from duty without pay for 10 days, and suspended [697]*697petitioner Zablocki from duty without pay for 20 days. Determinations confirmed and proceeding dismissed, on the merits, with $50 costs and disbursements. In our opinion, there was substantial evidence adduced at the departmental hearing to support the commissioner’s determinations (see Matter of Orza v Kelley, 53 AD2d 671). The penalty imposed upon each petitioner was not such as should be disturbed by this court (see Matter of Pell v Board of Educ., 34 NY2d 222; cf. Matter of Orza v Kelley, supra). Cohalan, Acting P. J., Margett, Damiani, Shapiro and Titone, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

54 A.D.2d 696, 387 N.Y.S.2d 543, 1976 N.Y. App. Div. LEXIS 14262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/accomando-v-kelley-nyappdiv-1976.

Opinion

Related

Cite This Page — Counsel Stack