Fabb v. City of White Plains

Appellate Division of the Supreme Court of New York

Fabb v. City of White Plains

57 A.D.2d 837, 393 N.Y.S.2d 922, 1977 N.Y. App. Div. LEXIS 12044

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

DecidedMay 2, 1977

StatusPublished

This text of 57 A.D.2d 837 (Fabb v. City of White Plains) 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

Fabb v. City of White Plains, 57 A.D.2d 837, 393 N.Y.S.2d 922, 1977 N.Y. App. Div. LEXIS 12044 (N.Y. Ct. App. 1977).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of Public Works of the City of White Plains which, after a hearing, dismissed petitioner from his position as "Water Plant Operator” for the City of White Plains. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. There is substantial evidence in the record to support the finding that petitioner was guilty of misconduct. In accordance with the guidelines set forth in Matter of Pell v Board of Educ. (34 NY2d 222), the penalty imposed is not shocking to one’s sense of fairness. Hopkins, Acting P. J., Margett, Damiani and Rabin, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of Public Works of the City of White Plains which, after a hearing, dismissed petitioner from his position as "Water Plant Operator” for the City of White Plains. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. There is substantial evidence in the record to support the finding that petitioner was guilty of misconduct. In accordance with the guidelines set forth in Matter of Pell v Board of Educ. (34 NY2d 222), the penalty imposed is not shocking to one’s sense of fairness. Hopkins, Acting P. J., Margett, Damiani and Rabin, JJ., concur.

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Bluebook (online)

57 A.D.2d 837, 393 N.Y.S.2d 922, 1977 N.Y. App. Div. LEXIS 12044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fabb-v-city-of-white-plains-nyappdiv-1977.