Carey v. Blackwood

Appellate Division of the Supreme Court of New York

Carey v. Blackwood

208 A.D.2d 531, 616 N.Y.S.2d 1010, 1994 N.Y. App. Div. LEXIS 9235

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

DecidedOctober 3, 1994

StatusPublished

This text of 208 A.D.2d 531 (Carey v. Blackwood) 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

Carey v. Blackwood, 208 A.D.2d 531, 616 N.Y.S.2d 1010, 1994 N.Y. App. Div. LEXIS 9235 (N.Y. Ct. App. 1994).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent, the Mayor of the City of Mount Vernon, dated August 19, 1992, which, after a hearing, found the petitioner guilty of insubordination and suspended her from her employment for 30 days.

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

There is substantial evidence in the record to support the respondent’s determination that the petitioner was guilty of insubordination (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 180).

Furthermore, contrary to the petitioner’s assertion, the respondents’ determination did not impose a cumulative pen[532]*532alty that violates Civil Service Law § 75. The Mayor’s determination did not indicate that a reprimand should be placed in the petitioner’s file. Therefore, we find that a cumulative penalty has not been imposed.

We have considered the petitioner’s remaining contention and find that it is without merit. Sullivan, J. P., Santucci, Joy and Krausman, JJ., concur.

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