Brideau v. Culross

Appellate Division of the Supreme Court of New York

Brideau v. Culross

84 A.D.2d 839, 449 N.Y.S.2d 447, 1981 N.Y. App. Div. LEXIS 16074

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

DecidedNovember 30, 1981

StatusPublished

This text of 84 A.D.2d 839 (Brideau v. Culross) 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

Brideau v. Culross, 84 A.D.2d 839, 449 N.Y.S.2d 447, 1981 N.Y. App. Div. LEXIS 16074 (N.Y. Ct. App. 1981).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondents City Manager of Rye and City of Rye, dated July 31, 1980, which found petitioner guilty of certain misconduct and suspended him without pay for a period of five days. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. Respondents’ determination was based on substantial evidence and the penalty imposed was not so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Lazer, J. P., Rabin, Gulotta and Cohalan, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondents City Manager of Rye and City of Rye, dated July 31, 1980, which found petitioner guilty of certain misconduct and suspended him without pay for a period of five days. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. Respondents’ determination was based on substantial evidence and the penalty imposed was not so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Lazer, J. P., Rabin, Gulotta and Cohalan, JJ., concur.

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Bluebook (online)

84 A.D.2d 839, 449 N.Y.S.2d 447, 1981 N.Y. App. Div. LEXIS 16074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brideau-v-culross-nyappdiv-1981.