Butler v. Ward

Appellate Division of the Supreme Court of New York

Butler v. Ward

105 A.D.2d 630, 481 N.Y.S.2d 644, 1984 N.Y. App. Div. LEXIS 20732

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

DecidedNovember 13, 1984

StatusPublished

This text of 105 A.D.2d 630 (Butler v. Ward) 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

Butler v. Ward, 105 A.D.2d 630, 481 N.Y.S.2d 644, 1984 N.Y. App. Div. LEXIS 20732 (N.Y. Ct. App. 1984).

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Opinion

The judgment of Supreme Court, New York County (Martin Evans, J.), entered September 7, 1983, is hereby vacated and the following order entered in its stead: Determination of the Commissioner of Correction of the City of New York, made April 26, 1983, approving the March 30,1983 report and recommendation of the Chief Administrative Law Judge, is unanimously confirmed and the petition, brought pursuant to CPLR article 78, is dismissed, without costs.

We have examined the record and find the determination to be supported by substantial evidence. Further, we find no arbitrary or capricious action in the manner by which this conclusion was reached nor in the penalty assessed upon petitioner. Accordingly, that determination should be confirmed in all respects and the petition dismissed. Concur — Ross, J. P., Carro, Fein and Kassal, JJ.

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The judgment of Supreme Court, New York County (Martin Evans, J.), entered September 7, 1983, is hereby vacated and the following order entered in its stead: Determination of the Commissioner of Correction of the City of New York, made April 26, 1983, approving the March 30,1983 report and recommendation of the Chief Administrative Law Judge, is unanimously confirmed and the petition, brought pursuant to CPLR article 78, is dismissed, without costs.

We have examined the record and find the determination to be supported by substantial evidence. Further, we find no arbitrary or capricious action in the manner by which this conclusion was reached nor in the penalty assessed upon petitioner. Accordingly, that determination should be confirmed in all respects and the petition dismissed. Concur — Ross, J. P., Carro, Fein and Kassal, JJ.

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Bluebook (online)

105 A.D.2d 630, 481 N.Y.S.2d 644, 1984 N.Y. App. Div. LEXIS 20732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-ward-nyappdiv-1984.