Colon v. Sielaff

Appellate Division of the Supreme Court of New York

Colon v. Sielaff

188 A.D.2d 370

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

DecidedDecember 10, 1992

StatusPublished

This text of 188 A.D.2d 370 (Colon v. Sielaff) 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

Colon v. Sielaff, 188 A.D.2d 370 (N.Y. Ct. App. 1992).

Pincite

Opinion

Determination of respondent Correction Commissioner, dated June 14, 1991, which dismissed petitioner from her 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, Carol Arber, J., entered November 12, 1991), is dismissed, without costs.

There was substantial evidence to support the Commissioner’s determination that petitioner had violated Department of Correction rules by engaging in undue familiarity with an inmate, maintaining contact with a member of the inmate’s family, corresponding with the inmate after he was moved from Rikers Island to a State facility, entering into transactions with the inmate to "promote” contraband into Rikers Island and conspiring to assist in the promotion of narcotics into a State correctional facility.

Finally, it cannot be said that the penalty of dismissal is disproportionate to petitioner’s offenses. (See, Matter of Santarella v New York City Dept. of Correction, 53 NY2d 948, 949.)

We have reviewed petitioner’s remaining contentions and find them to be without merit. Concur — Milonas, J. P., Wallach, Asch and Rubin, JJ.

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

Determination of respondent Correction Commissioner, dated June 14, 1991, which dismissed petitioner from her 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, Carol Arber, J., entered November 12, 1991), is dismissed, without costs.

There was substantial evidence to support the Commissioner’s determination that petitioner had violated Department of Correction rules by engaging in undue familiarity with an inmate, maintaining contact with a member of the inmate’s family, corresponding with the inmate after he was moved from Rikers Island to a State facility, entering into transactions with the inmate to "promote” contraband into Rikers Island and conspiring to assist in the promotion of narcotics into a State correctional facility.

Finally, it cannot be said that the penalty of dismissal is disproportionate to petitioner’s offenses. (See, Matter of Santarella v New York City Dept. of Correction, 53 NY2d 948, 949.)

We have reviewed petitioner’s remaining contentions and find them to be without merit. Concur — Milonas, J. P., Wallach, Asch and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

188 A.D.2d 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colon-v-sielaff-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack