Baumann v. Carter

Appellate Division of the Supreme Court of New York

Baumann v. Carter

209 A.D.2d 407, 619 N.Y.S.2d 592, 1994 N.Y. App. Div. LEXIS 10928

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

DecidedNovember 7, 1994

StatusPublished

This text of 209 A.D.2d 407 (Baumann v. Carter) 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

Baumann v. Carter, 209 A.D.2d 407, 619 N.Y.S.2d 592, 1994 N.Y. App. Div. LEXIS 10928 (N.Y. Ct. App. 1994).

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Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Hospitals of the County of Westchester, dated [408]*408September 1, 1992, which rejected the Hearing Officer’s Finding of Fact and Recommendation and dismissed the petitioner from service as a Respiratory Therapy Trainee at the Westchester County Medical Center.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The determination of the Commissioner of the Department of Hospitals of the County of Westchester was supported by substantial evidence. Moreover, the penalty imposed is not so disproportionate to the offense, in light of all of the circumstances, as to shock one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222).

We have examined the petitioner’s remaining contentions and find them to be without merit. Thompson, J. P., Balletta, Rosenblatt and Florio, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Hospitals of the County of Westchester, dated [408]*408September 1, 1992, which rejected the Hearing Officer’s Finding of Fact and Recommendation and dismissed the petitioner from service as a Respiratory Therapy Trainee at the Westchester County Medical Center.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The determination of the Commissioner of the Department of Hospitals of the County of Westchester was supported by substantial evidence. Moreover, the penalty imposed is not so disproportionate to the offense, in light of all of the circumstances, as to shock one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222).

We have examined the petitioner’s remaining contentions and find them to be without merit. Thompson, J. P., Balletta, Rosenblatt and Florio, JJ., concur.

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Bluebook (online)

209 A.D.2d 407, 619 N.Y.S.2d 592, 1994 N.Y. App. Div. LEXIS 10928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baumann-v-carter-nyappdiv-1994.