Carroll v. Incorporated Village of Floral Park

Appellate Division of the Supreme Court of New York

Carroll v. Incorporated Village of Floral Park

121 A.D.2d 630, 503 N.Y.S.2d 1004, 1986 N.Y. App. Div. LEXIS 58613

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

DecidedJune 23, 1986

StatusPublished

This text of 121 A.D.2d 630 (Carroll v. Incorporated Village of Floral Park) 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.

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Carroll v. Incorporated Village of Floral Park, 121 A.D.2d 630, 503 N.Y.S.2d 1004, 1986 N.Y. App. Div. LEXIS 58613 (N.Y. Ct. App. 1986).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the Mayor and Board of Trustees of the Incorporated Village of Floral Park, dated November 20, 1984, which found the petitioner guilty of acts of misconduct and incompetency and dismissed her from her position as a dispatcher.

Determination confirmed and proceeding dismissed on the merits, with costs.

The determination as to the petitioner’s incompetence and misconduct is supported by substantial evidence (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176) and the penalty imposed, under these circumstances, is not so disproportionate to the offenses as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222). Lazer, J. P., Mangano, Lawrence and Fiber, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the Mayor and Board of Trustees of the Incorporated Village of Floral Park, dated November 20, 1984, which found the petitioner guilty of acts of misconduct and incompetency and dismissed her from her position as a dispatcher.

Determination confirmed and proceeding dismissed on the merits, with costs.

The determination as to the petitioner’s incompetence and misconduct is supported by substantial evidence (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176) and the penalty imposed, under these circumstances, is not so disproportionate to the offenses as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222). Lazer, J. P., Mangano, Lawrence and Fiber, JJ., concur.

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Bluebook (online)

121 A.D.2d 630, 503 N.Y.S.2d 1004, 1986 N.Y. App. Div. LEXIS 58613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-v-incorporated-village-of-floral-park-nyappdiv-1986.

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