Crittenden v. O'Hare

Appellate Division of the Supreme Court of New York

Crittenden v. O'Hare

107 A.D.2d 1070, 486 N.Y.S.2d 557, 1985 N.Y. App. Div. LEXIS 42892

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

DecidedJanuary 29, 1985

StatusPublished

Cited by1 cases

This text of 107 A.D.2d 1070 (Crittenden v. O'Hare) 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

Crittenden v. O'Hare, 107 A.D.2d 1070, 486 N.Y.S.2d 557, 1985 N.Y. App. Div. LEXIS 42892 (N.Y. Ct. App. 1985).

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Opinion

— Determination unanimously confirmed and petition dismissed, without costs. Memorandum: The [1071]*1071determination of petitioner’s misconduct was supported by substantial evidence, not only by the testimony of the witnesses at the hearing, but also by the certificate of petitioner’s criminal conviction for official misconduct arising out of the same facts underlying the disciplinary charges. Considering all the circumstances, the sanction of dismissal as a supervisor in the county Highway Department is not so disproportionate to the offense as to be shocking to one’s sense of fairness (Matter of Pell v Board of Educ., 34 NY2d 222, 223; cf. Matter of Power v Board of Trustees, 96 AD2d 728). (Article 78 proceeding transferred by order of Supreme Court, Steuben County, Purple, J.) Present — Dillon, P. J., Hancock, Jr., Callahan, Denman and Green, JJ.

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— Determination unanimously confirmed and petition dismissed, without costs. Memorandum: The [1071]*1071determination of petitioner’s misconduct was supported by substantial evidence, not only by the testimony of the witnesses at the hearing, but also by the certificate of petitioner’s criminal conviction for official misconduct arising out of the same facts underlying the disciplinary charges. Considering all the circumstances, the sanction of dismissal as a supervisor in the county Highway Department is not so disproportionate to the offense as to be shocking to one’s sense of fairness (Matter of Pell v Board of Educ., 34 NY2d 222, 223; cf. Matter of Power v Board of Trustees, 96 AD2d 728). (Article 78 proceeding transferred by order of Supreme Court, Steuben County, Purple, J.) Present — Dillon, P. J., Hancock, Jr., Callahan, Denman and Green, JJ.

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Bluebook (online)

107 A.D.2d 1070, 486 N.Y.S.2d 557, 1985 N.Y. App. Div. LEXIS 42892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crittenden-v-ohare-nyappdiv-1985.

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