Camacho v. Pritchard

Appellate Division of the Supreme Court of New York

Camacho v. Pritchard

227 A.D.2d 477, 643 N.Y.S.2d 353, 1996 N.Y. App. Div. LEXIS 5135

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

DecidedMay 13, 1996

StatusPublished

This text of 227 A.D.2d 477 (Camacho v. Pritchard) 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

Camacho v. Pritchard, 227 A.D.2d 477, 643 N.Y.S.2d 353, 1996 N.Y. App. Div. LEXIS 5135 (N.Y. Ct. App. 1996).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York City Transit Police Department dated November 18,1994, which adopted the findings of an Administrative Law Judge who, after a hearing, found the petitioner guilty of numerous specifications of neglect and misconduct, and dismissed him from his position as a transit police officer.

Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, with costs.

The determination under review is supported by substantial evidence (see, Matter of Lahey v Kelly, 71 NY2d 135; Matter of Pell v Board of Educ., 34 NY2d 222). Furthermore, the penalty of dismissal was not so disproportionate to the offenses committed as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., supra; Matter of Dabulis v New York City Tr. Auth., 222 AD2d 433; Matter of Hickey v Bratton, 180 AD2d 682; see also, Matter of Brooks v Suardy, 222 AD2d 502; Matter of Ruggio v Hammill, 207 AD2d 991).

The petitioner’s remaining contentions are without merit. Rosenblatt, J. P., Miller, Pizzuto and Goldstein, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York City Transit Police Department dated November 18,1994, which adopted the findings of an Administrative Law Judge who, after a hearing, found the petitioner guilty of numerous specifications of neglect and misconduct, and dismissed him from his position as a transit police officer.

Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, with costs.

The determination under review is supported by substantial evidence (see, Matter of Lahey v Kelly, 71 NY2d 135; Matter of Pell v Board of Educ., 34 NY2d 222). Furthermore, the penalty of dismissal was not so disproportionate to the offenses committed as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., supra; Matter of Dabulis v New York City Tr. Auth., 222 AD2d 433; Matter of Hickey v Bratton, 180 AD2d 682; see also, Matter of Brooks v Suardy, 222 AD2d 502; Matter of Ruggio v Hammill, 207 AD2d 991).

The petitioner’s remaining contentions are without merit. Rosenblatt, J. P., Miller, Pizzuto and Goldstein, JJ., concur.

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Bluebook (online)

227 A.D.2d 477, 643 N.Y.S.2d 353, 1996 N.Y. App. Div. LEXIS 5135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/camacho-v-pritchard-nyappdiv-1996.

Opinion

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