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

Appellate Division of the Supreme Court of the State of New York·Decided November 13, 1984·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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).

Pincite

105 A.D.2d 630 (Butler v. Ward) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.