Cantine v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Cantine v. New York City Transit Authority

54 A.D.2d 697, 387 N.Y.S.2d 543, 1976 N.Y. App. Div. LEXIS 14265

Appellate Division of the Supreme Court of the State of New York·Decided October 5, 1976·Published

Opinion

Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated November 24, 1975, and made after a hearing, which found petitioner guilty of certain specifications and demoted him from the position of Supervisor, Track, to the position of Assistant Supervisor, Track. Determination confirmed and petition dismissed on the merits, with costs. Upon the evidence adduced at the hearing, we believe that petitioner’s guilt was properly determined, and that the punishment imposed was not so disproportionate to the offenses as to shock [698] one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Martuscello, Acting P. J., Latham, Cohalan, Rabin and Hawkins, JJ., concur.

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

Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated November 24, 1975, and made after a hearing, which found petitioner guilty of certain specifications and demoted him from the position of Supervisor, Track, to the position of Assistant Supervisor, Track. Determination confirmed and petition dismissed on the merits, with costs. Upon the evidence adduced at the hearing, we believe that petitioner’s guilt was properly determined, and that the punishment imposed was not so disproportionate to the offenses as to shock [698] one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Martuscello, Acting P. J., Latham, Cohalan, Rabin and Hawkins, JJ., concur.

Cantine v. New York City Transit Authority, 54 A.D.2d 697, 387 N.Y.S.2d 543, 1976 N.Y. App. Div. LEXIS 14265 (N.Y. Ct. App. 1976).

Pincite

54 A.D.2d 697 (Cantine v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.