Benz v. Hegarty

Appellate Division of the Supreme Court of New York

Benz v. Hegarty

63 A.D.2d 732, 406 N.Y.S.2d 695, 1978 N.Y. App. Div. LEXIS 11664

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

DecidedMay 29, 1978

StatusPublished

This text of 63 A.D.2d 732 (Benz v. Hegarty) 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

Benz v. Hegarty, 63 A.D.2d 732, 406 N.Y.S.2d 695, 1978 N.Y. App. Div. LEXIS 11664 (N.Y. Ct. App. 1978).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Police Commissioner of the City of New Rochelle which, after a hearing, (1) sustained disciplinary charges filed against petitioner and (2) suspended him without pay for a period of 15 days. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. There is sufficient evidence in the record to support the commissioner’s determination. The penalty imposed is not [733]*733shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Hopkins, J. P., Titone, Gulotta and O’Connor, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent Police Commissioner of the City of New Rochelle which, after a hearing, (1) sustained disciplinary charges filed against petitioner and (2) suspended him without pay for a period of 15 days. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. There is sufficient evidence in the record to support the commissioner’s determination. The penalty imposed is not [733]*733shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Hopkins, J. P., Titone, Gulotta and O’Connor, JJ., concur.

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Bluebook (online)

63 A.D.2d 732, 406 N.Y.S.2d 695, 1978 N.Y. App. Div. LEXIS 11664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benz-v-hegarty-nyappdiv-1978.