DePalo v. Trelewicz

Appellate Division of the Supreme Court of New York

DePalo v. Trelewicz

268 A.D.2d 471, 701 N.Y.S.2d 642, 2000 N.Y. App. Div. LEXIS 558

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

DecidedJanuary 18, 2000

StatusPublished

This text of 268 A.D.2d 471 (DePalo v. Trelewicz) 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

DePalo v. Trelewicz, 268 A.D.2d 471, 701 N.Y.S.2d 642, 2000 N.Y. App. Div. LEXIS 558 (N.Y. Ct. App. 2000).

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Opinion

—Proceeding [472]*472pursuant to CPLR article 78 to review a determination of the Acting Commissioner of the Westchester County Department of Environmental Facilities, dated October 21, 1998, which, after a hearing, adopted the report and recommendation of a Hearing Officer finding the petitioner guilty of misconduct and/or incompetence, and demoted him from his position of Supervising Plant Operator of the Yonkers Joint Treatment Wastewater Plant to the title of Wastewater Treatment Plant Operator.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The Hearing Officer’s determination that the petitioner was guilty of the charged acts of misconduct and/or incompetence was supported by substantial evidence (see, Matter of Lahey v Kelly, 71 NY2d 135; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176; Matter of Ahsaf v Nyquist, 37 NY2d 182).

In addition, the penalty was not so disproportionate to the offenses as to be shocking to one’s sense of fairness (see, Matter of Pell v Board ofEduc., 34 NY2d 222).

The petitioner’s remaining contentions are insufficient to disturb the determination under review. Santucci, J. P., Joy, Goldstein and Feuerstein, JJ., concur.

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—Proceeding [472]*472pursuant to CPLR article 78 to review a determination of the Acting Commissioner of the Westchester County Department of Environmental Facilities, dated October 21, 1998, which, after a hearing, adopted the report and recommendation of a Hearing Officer finding the petitioner guilty of misconduct and/or incompetence, and demoted him from his position of Supervising Plant Operator of the Yonkers Joint Treatment Wastewater Plant to the title of Wastewater Treatment Plant Operator.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The Hearing Officer’s determination that the petitioner was guilty of the charged acts of misconduct and/or incompetence was supported by substantial evidence (see, Matter of Lahey v Kelly, 71 NY2d 135; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176; Matter of Ahsaf v Nyquist, 37 NY2d 182).

In addition, the penalty was not so disproportionate to the offenses as to be shocking to one’s sense of fairness (see, Matter of Pell v Board ofEduc., 34 NY2d 222).

The petitioner’s remaining contentions are insufficient to disturb the determination under review. Santucci, J. P., Joy, Goldstein and Feuerstein, JJ., concur.

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Bluebook (online)

268 A.D.2d 471, 701 N.Y.S.2d 642, 2000 N.Y. App. Div. LEXIS 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/depalo-v-trelewicz-nyappdiv-2000.

Opinion

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