Burns v. City of Middletown

Appellate Division of the Supreme Court of New York

Burns v. City of Middletown

119 A.D.2d 674, 501 N.Y.S.2d 298, 1986 N.Y. App. Div. LEXIS 55590

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

DecidedApril 14, 1986

StatusPublished

This text of 119 A.D.2d 674 (Burns v. City of Middletown) 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

Burns v. City of Middletown, 119 A.D.2d 674, 501 N.Y.S.2d 298, 1986 N.Y. App. Div. LEXIS 55590 (N.Y. Ct. App. 1986).

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Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Police Commissioners, dated June 23, 1983, which, after a hearing, found the petitioner guilty, inter alia, of "Unbecoming Conduct”, and dismissed him from his position as a police officer.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

A review of the record demonstrates that substantial evidence supports the charges against the petitioner. It cannot be said that the penalty imposed is so disproportionate to the offense as to shock one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222). Lazer, J. P., Niehoff, Kooper and Spatt, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Police Commissioners, dated June 23, 1983, which, after a hearing, found the petitioner guilty, inter alia, of "Unbecoming Conduct”, and dismissed him from his position as a police officer.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

A review of the record demonstrates that substantial evidence supports the charges against the petitioner. It cannot be said that the penalty imposed is so disproportionate to the offense as to shock one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222). Lazer, J. P., Niehoff, Kooper and Spatt, JJ., concur.

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Bluebook (online)

119 A.D.2d 674, 501 N.Y.S.2d 298, 1986 N.Y. App. Div. LEXIS 55590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-city-of-middletown-nyappdiv-1986.