Alleyne v. Frank

Appellate Division of the Supreme Court of New York

Alleyne v. Frank

51 A.D.2d 994, 381 N.Y.S.2d 104, 1976 N.Y. App. Div. LEXIS 11748

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

DecidedMarch 8, 1976

StatusPublished

This text of 51 A.D.2d 994 (Alleyne v. Frank) 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

Alleyne v. Frank, 51 A.D.2d 994, 381 N.Y.S.2d 104, 1976 N.Y. App. Div. LEXIS 11748 (N.Y. Ct. App. 1976).

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Opinion

Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated July 8, 1975, which, after a hearing, fined petitioner two days’ pay on Case No. 4152 and two days’ pay on Case No. 4157. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. There was substantial evidence to support the determination of the trial commissioner that petitioner was guilty of violating article 6, rules 15 and 9 (subd 1) of the Rules and Regulations of the Nassau County Police Department. Furthermore, the imposition of a fine of two days’ pay for each infraction of the rules is not a punishment so disproportionate to the offenses as to be shocking to one’s sense of fairness (see Matter of Pitt v Town Bd. of Town of Ramapo, 10 AD2d 958; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, 34 NY2d 222). Gulotta, P. J., Martuscello, Latham, Margett and Shapiro, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated July 8, 1975, which, after a hearing, fined petitioner two days’ pay on Case No. 4152 and two days’ pay on Case No. 4157. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. There was substantial evidence to support the determination of the trial commissioner that petitioner was guilty of violating article 6, rules 15 and 9 (subd 1) of the Rules and Regulations of the Nassau County Police Department. Furthermore, the imposition of a fine of two days’ pay for each infraction of the rules is not a punishment so disproportionate to the offenses as to be shocking to one’s sense of fairness (see Matter of Pitt v Town Bd. of Town of Ramapo, 10 AD2d 958; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, 34 NY2d 222). Gulotta, P. J., Martuscello, Latham, Margett and Shapiro, JJ., concur.

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Bluebook (online)

51 A.D.2d 994, 381 N.Y.S.2d 104, 1976 N.Y. App. Div. LEXIS 11748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alleyne-v-frank-nyappdiv-1976.

Opinion

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