Diaz v. Rozzi

Appellate Division of the Supreme Court of New York

Diaz v. Rozzi

199 A.D.2d 1081, 607 N.Y.S.2d 503

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

DecidedDecember 29, 1993

StatusPublished

This text of 199 A.D.2d 1081 (Diaz v. Rozzi) 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

Diaz v. Rozzi, 199 A.D.2d 1081, 607 N.Y.S.2d 503 (N.Y. Ct. App. 1993).

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Opinion

Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination that petitioner violated the Rules and Regulations of the Nassau County Police Department because he engaged in "conduct unbecoming an officer” and "illegal conduct” was supported by substantial evidence. There was proof that petitioner created a grave risk of serious bodily injury or death by instigating a confrontation at a bar, drawing a loaded weapon and pointing it at one or more persons while threatening to shoot. Moreover, we conclude that the regulations are not unconstitutionally vague or overbroad (see, Matter of Rivera v Rozzi, 148 AD2d 726). Finally, the penalty imposed, dismissal from the police force, is not " 'so disproportionate * * * as to be shocking to one’s sense of fairness’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233). (Article 78 Proceeding Transferred by Order of Supreme Court, Nassau County, Murphy, J.) Present—Den-man, P. J., Green, Balio and Fallon, JJ.

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Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination that petitioner violated the Rules and Regulations of the Nassau County Police Department because he engaged in "conduct unbecoming an officer” and "illegal conduct” was supported by substantial evidence. There was proof that petitioner created a grave risk of serious bodily injury or death by instigating a confrontation at a bar, drawing a loaded weapon and pointing it at one or more persons while threatening to shoot. Moreover, we conclude that the regulations are not unconstitutionally vague or overbroad (see, Matter of Rivera v Rozzi, 148 AD2d 726). Finally, the penalty imposed, dismissal from the police force, is not " 'so disproportionate * * * as to be shocking to one’s sense of fairness’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233). (Article 78 Proceeding Transferred by Order of Supreme Court, Nassau County, Murphy, J.) Present—Den-man, P. J., Green, Balio and Fallon, JJ.

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199 A.D.2d 1081, 607 N.Y.S.2d 503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-rozzi-nyappdiv-1993.

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