Eld v. Wohlrab

Appellate Division of the Supreme Court of New York

Eld v. Wohlrab

68 A.D.2d 888, 414 N.Y.S.2d 27, 1979 N.Y. App. Div. LEXIS 11124

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

DecidedMarch 5, 1979

StatusPublished

This text of 68 A.D.2d 888 (Eld v. Wohlrab) 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

Eld v. Wohlrab, 68 A.D.2d 888, 414 N.Y.S.2d 27, 1979 N.Y. App. Div. LEXIS 11124 (N.Y. Ct. App. 1979).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to review so much of the determination of the Police Commissioner of the City of Newburgh as, upon finding petitioner guilty of certain charges, demoted him from the position of sergeant to patrolman, respondents appeal from a judgment of the Supreme Court, Orange County, dated May 9, 1978, which (1) granted the petition, (2) restored petitioner to his former position of sergeant, and (3) confirmed the recommendation of the hearing officer as to disciplinary punishment, i.e., one week’s suspension without pay on each of two charges. Judgment affirmed, without costs or disbursements. We agree with Special Term that the penalty of demotion was, in the circumstances of this case, so disproportionate to the offense as to shock one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Titone, J. P., Suozzi, O’Connor and Lazer, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to review so much of the determination of the Police Commissioner of the City of Newburgh as, upon finding petitioner guilty of certain charges, demoted him from the position of sergeant to patrolman, respondents appeal from a judgment of the Supreme Court, Orange County, dated May 9, 1978, which (1) granted the petition, (2) restored petitioner to his former position of sergeant, and (3) confirmed the recommendation of the hearing officer as to disciplinary punishment, i.e., one week’s suspension without pay on each of two charges. Judgment affirmed, without costs or disbursements. We agree with Special Term that the penalty of demotion was, in the circumstances of this case, so disproportionate to the offense as to shock one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Titone, J. P., Suozzi, O’Connor and Lazer, JJ., concur.

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Bluebook (online)

68 A.D.2d 888, 414 N.Y.S.2d 27, 1979 N.Y. App. Div. LEXIS 11124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eld-v-wohlrab-nyappdiv-1979.