Connell v. Ward

Appellate Division of the Supreme Court of New York

Connell v. Ward

169 A.D.2d 462, 564 N.Y.S.2d 160, 1991 N.Y. App. Div. LEXIS 366

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

DecidedJanuary 15, 1991

StatusPublished

This text of 169 A.D.2d 462 (Connell v. Ward) 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

Connell v. Ward, 169 A.D.2d 462, 564 N.Y.S.2d 160, 1991 N.Y. App. Div. LEXIS 366 (N.Y. Ct. App. 1991).

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Opinion

Determination of the respondent Police Commissioner of the City of New York, dated July 11, 1989, which penalized the petitioner 15 vacation days, is unanimously confirmed, the petition denied, and this proceeding brought pursuant to CPLR article 78 (transferred to this court by order of Sup Ct, NY County [Kristin Booth Glen, J.], entered on or about Dec. 14, 1989) is dismissed, without costs and without disbursements.

The petitioner admitted having left his post, and was ob[463]*463served doing so, in violation of the Patrol Guide regulations. The determination of the Police Commissioner was thus supported by substantial evidence. The penalty of a 15-day vacation forfeiture was not disproportionate to the offense committed. Concur—Murphy, P. J., Milonas, Kupferman and Rubin, JJ.

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Determination of the respondent Police Commissioner of the City of New York, dated July 11, 1989, which penalized the petitioner 15 vacation days, is unanimously confirmed, the petition denied, and this proceeding brought pursuant to CPLR article 78 (transferred to this court by order of Sup Ct, NY County [Kristin Booth Glen, J.], entered on or about Dec. 14, 1989) is dismissed, without costs and without disbursements.

The petitioner admitted having left his post, and was ob[463]*463served doing so, in violation of the Patrol Guide regulations. The determination of the Police Commissioner was thus supported by substantial evidence. The penalty of a 15-day vacation forfeiture was not disproportionate to the offense committed. Concur—Murphy, P. J., Milonas, Kupferman and Rubin, JJ.

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Bluebook (online)

169 A.D.2d 462, 564 N.Y.S.2d 160, 1991 N.Y. App. Div. LEXIS 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connell-v-ward-nyappdiv-1991.