Collins v. Jacobson

Appellate Division of the Supreme Court of New York

Collins v. Jacobson

247 A.D.2d 269, 667 N.Y.S.2d 903, 1998 N.Y. App. Div. LEXIS 1422

Appellate Division of the Supreme Court of the State of New York·Decided February 17, 1998·Published

Opinion

Determination of respondent Correction Commissioner, dated August 23, 1996, which dismissed petitioner from his position as a correction officer, unanimously confirmed, the petition denied and the proceeding, brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [David Saxe, J.], entered April 14, 1997), dismissed, without costs.

Respondent’s determination that petitioner intentionally brought dangerous contraband into a facility is supported by substantial evidence (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). Particularly since petitioner’s misconduct endangered the safety of others, the penalty of dismissal for this single incident does not shock our sense of fairness (see, Matter of Keith v New York State Thruway Auth., 132 AD2d 785; cf., Trotta v Ward, 77 NY2d 827; Matter of McFarland v Abate, 203 AD2d 190).

Concur — Milonas, J. P., Ellerin, Williams and Tom, JJ.

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Determination of respondent Correction Commissioner, dated August 23, 1996, which dismissed petitioner from his position as a correction officer, unanimously confirmed, the petition denied and the proceeding, brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [David Saxe, J.], entered April 14, 1997), dismissed, without costs.

Respondent’s determination that petitioner intentionally brought dangerous contraband into a facility is supported by substantial evidence (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). Particularly since petitioner’s misconduct endangered the safety of others, the penalty of dismissal for this single incident does not shock our sense of fairness (see, Matter of Keith v New York State Thruway Auth., 132 AD2d 785; cf., Trotta v Ward, 77 NY2d 827; Matter of McFarland v Abate, 203 AD2d 190).

Concur — Milonas, J. P., Ellerin, Williams and Tom, JJ.

Collins v. Jacobson, 247 A.D.2d 269, 667 N.Y.S.2d 903, 1998 N.Y. App. Div. LEXIS 1422 (N.Y. Ct. App. 1998).

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Opinion

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