Burke v. Municipal Housing Authority

Appellate Division of the Supreme Court of New York

Burke v. Municipal Housing Authority

47 A.D.2d 746, 364 N.Y.S.2d 556, 1975 N.Y. App. Div. LEXIS 9022

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

DecidedMarch 3, 1975

StatusPublished

This text of 47 A.D.2d 746 (Burke v. Municipal Housing Authority) 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

Burke v. Municipal Housing Authority, 47 A.D.2d 746, 364 N.Y.S.2d 556, 1975 N.Y. App. Div. LEXIS 9022 (N.Y. Ct. App. 1975).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination dated July 22, 1974 which found petitioner guilty of certain charges and terminated his employment, the appeal is from a judgment of the Supreme Court, Westchester County, dated September 5, 1974, which (1) granted the petition, (2) annulled said determination and (3) directed reinstatement of petitioner, with back pay. Judgment reversed, on the law, without costs, petition granted to the extent that the determination is modified by reducing the penalty to a suspension for a period of 30 days, and determination confirmed in all other respects. To the extent indicated the punishment was excessive and unfair. Under the circumstances of this case, we do not think that Matter of Pell v. Board of Educ. of Union Free School JDist. No. 1 of Towns of Scarsdale A Mamaroneck, Westchester County (34 N Y 2d 222) limits this court’s power to reduce the excessive punishment imposed. Cohalan, Acting P. J., Christ, Brennan, Munder and Shapiro, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination dated July 22, 1974 which found petitioner guilty of certain charges and terminated his employment, the appeal is from a judgment of the Supreme Court, Westchester County, dated September 5, 1974, which (1) granted the petition, (2) annulled said determination and (3) directed reinstatement of petitioner, with back pay. Judgment reversed, on the law, without costs, petition granted to the extent that the determination is modified by reducing the penalty to a suspension for a period of 30 days, and determination confirmed in all other respects. To the extent indicated the punishment was excessive and unfair. Under the circumstances of this case, we do not think that Matter of Pell v. Board of Educ. of Union Free School JDist. No. 1 of Towns of Scarsdale A Mamaroneck, Westchester County (34 N Y 2d 222) limits this court’s power to reduce the excessive punishment imposed. Cohalan, Acting P. J., Christ, Brennan, Munder and Shapiro, JJ., concur.

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Bluebook (online)

47 A.D.2d 746, 364 N.Y.S.2d 556, 1975 N.Y. App. Div. LEXIS 9022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-municipal-housing-authority-nyappdiv-1975.