Erath v. Dilworth

Appellate Division of the Supreme Court of New York

Erath v. Dilworth

78 A.D.2d 535, 433 N.Y.S.2d 739, 1980 N.Y. App. Div. LEXIS 12851

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

DecidedSeptember 15, 1980

StatusPublished

This text of 78 A.D.2d 535 (Erath v. Dilworth) 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

Erath v. Dilworth, 78 A.D.2d 535, 433 N.Y.S.2d 739, 1980 N.Y. App. Div. LEXIS 12851 (N.Y. Ct. App. 1980).

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Opinion

Proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent as, after a hearing, found petitioner guilty of four specifications of misconduct and dismissed him from his position on the Suffolk County Police Department. Determination confirmed insofar as reviewed and proceeding dismissed on the merits, without costs or disbursements. The determination under review is supported by substantial evidence and the sanction imposed is not so disproportionate to the offenses as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Mollen, P. J., Hopkins, Mangano and Cohalan, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent as, after a hearing, found petitioner guilty of four specifications of misconduct and dismissed him from his position on the Suffolk County Police Department. Determination confirmed insofar as reviewed and proceeding dismissed on the merits, without costs or disbursements. The determination under review is supported by substantial evidence and the sanction imposed is not so disproportionate to the offenses as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Mollen, P. J., Hopkins, Mangano and Cohalan, JJ., concur.

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Bluebook (online)

78 A.D.2d 535, 433 N.Y.S.2d 739, 1980 N.Y. App. Div. LEXIS 12851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erath-v-dilworth-nyappdiv-1980.