Dattolo v. Buckman

Appellate Division of the Supreme Court of New York

Dattolo v. Buckman

34 A.D.2d 995, 313 N.Y.S.2d 996, 1970 N.Y. App. Div. LEXIS 4424

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

DecidedJune 22, 1970

StatusPublished

This text of 34 A.D.2d 995 (Dattolo v. Buckman) 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

Dattolo v. Buckman, 34 A.D.2d 995, 313 N.Y.S.2d 996, 1970 N.Y. App. Div. LEXIS 4424 (N.Y. Ct. App. 1970).

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Opinion

In a proceeding pursuant to article 78 of the CPLR to annul respondent’s determination, dated June 30, 1969, which demoted petitioner from his position of Staff Attendant to that of Attendant, in the employ of Kings Park State Hospital, determination confirmed and proceeding dismissed on the merits, without costs. In our opinion, the determination is supported by substantial evidence (Matter of Stork Best. v. Boland, 282 N. Y. 256; Matter of Miller v. Kling, 291 N. Y. 65). Nor is the measure of discipline imposed too severe in the circumstances (cf. Matter of Corgel v. Loos, 286 App. Div. 583; Bergman v. O’Neill, N. Y. L. J., Apr, 26,1968, p. 17, col. 5). Christ, P. J., Rabin, Hopkins, Munder and Benjamin, JJ., concur.

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In a proceeding pursuant to article 78 of the CPLR to annul respondent’s determination, dated June 30, 1969, which demoted petitioner from his position of Staff Attendant to that of Attendant, in the employ of Kings Park State Hospital, determination confirmed and proceeding dismissed on the merits, without costs. In our opinion, the determination is supported by substantial evidence (Matter of Stork Best. v. Boland, 282 N. Y. 256; Matter of Miller v. Kling, 291 N. Y. 65). Nor is the measure of discipline imposed too severe in the circumstances (cf. Matter of Corgel v. Loos, 286 App. Div. 583; Bergman v. O’Neill, N. Y. L. J., Apr, 26,1968, p. 17, col. 5). Christ, P. J., Rabin, Hopkins, Munder and Benjamin, JJ., concur.

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Bluebook (online)

34 A.D.2d 995, 313 N.Y.S.2d 996, 1970 N.Y. App. Div. LEXIS 4424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dattolo-v-buckman-nyappdiv-1970.

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