Champion v. Weinstein

Appellate Division of the Supreme Court of New York

Champion v. Weinstein

81 A.D.2d 613, 441 N.Y.S.2d 404, 1981 N.Y. App. Div. LEXIS 11109

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

DecidedApril 13, 1981

StatusPublished

This text of 81 A.D.2d 613 (Champion v. Weinstein) 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

Champion v. Weinstein, 81 A.D.2d 613, 441 N.Y.S.2d 404, 1981 N.Y. App. Div. LEXIS 11109 (N.Y. Ct. App. 1981).

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Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent commissioner of hospitals, dated February 8, 1980, which, after a hearing, dismissed petitioner from employment. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The factual determination of the respondents was supported by substantial evidence, and was not challenged by the petitioner. We are not persuaded by petitioner’s argument that the penalty of dismissal was so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Mollen, P.J., Hopkins, Weinstein and Thompson, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review a determination of the respondent commissioner of hospitals, dated February 8, 1980, which, after a hearing, dismissed petitioner from employment. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The factual determination of the respondents was supported by substantial evidence, and was not challenged by the petitioner. We are not persuaded by petitioner’s argument that the penalty of dismissal was so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Mollen, P.J., Hopkins, Weinstein and Thompson, JJ., concur.

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Bluebook (online)

81 A.D.2d 613, 441 N.Y.S.2d 404, 1981 N.Y. App. Div. LEXIS 11109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/champion-v-weinstein-nyappdiv-1981.