Feldstein v. Appleby

Appellate Division of the Supreme Court of New York

Feldstein v. Appleby

65 A.D.2d 720, 410 N.Y.S.2d 587, 1978 N.Y. App. Div. LEXIS 13495

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

DecidedNovember 16, 1978

StatusPublished

Cited by1 cases

This text of 65 A.D.2d 720 (Feldstein v. Appleby) 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

Feldstein v. Appleby, 65 A.D.2d 720, 410 N.Y.S.2d 587, 1978 N.Y. App. Div. LEXIS 13495 (N.Y. Ct. App. 1978).

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Opinion

—In this article 78 proceeding transferred to this court for review, the determination of the Administrator of the New York City Housing and Development Administration (HDA) made after a departmental hearing, finding petitioner guilty of two charges of misconduct and violation of the rules and regulations of HDA and the Charter and Administrative Code of the City of New York, is unanimously modified, on the law, to vacate the penalty of dismissal, and the matter remanded for the imposition of a lesser penalty, and otherwise confirmed, without costs and without disbursements. The petitioner was charged with accepting two gratuities. He has been in the city’s employ for a period of 31 years, during the last 11 of which he has been a supervising clerk with HDA. It was shown that a civilian agent for the City Department of Investigation put these two gratuities in the petitioner’s drawer or hand, but although there were recorded conversations, there was no evidence that the gratuity was ever demanded or solicited. Under the circumstances, in view of the petitioner’s length of service and the fact that there was no "bribe-taking” as such, (see Matter of Chilson v Board of Educ., 34 NY2d 222, 237), there should be an adjustment of the penalty. Concur — Kupferman, J. P., Birns, Silverman, Markewich and Sandler, JJ.

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—In this article 78 proceeding transferred to this court for review, the determination of the Administrator of the New York City Housing and Development Administration (HDA) made after a departmental hearing, finding petitioner guilty of two charges of misconduct and violation of the rules and regulations of HDA and the Charter and Administrative Code of the City of New York, is unanimously modified, on the law, to vacate the penalty of dismissal, and the matter remanded for the imposition of a lesser penalty, and otherwise confirmed, without costs and without disbursements. The petitioner was charged with accepting two gratuities. He has been in the city’s employ for a period of 31 years, during the last 11 of which he has been a supervising clerk with HDA. It was shown that a civilian agent for the City Department of Investigation put these two gratuities in the petitioner’s drawer or hand, but although there were recorded conversations, there was no evidence that the gratuity was ever demanded or solicited. Under the circumstances, in view of the petitioner’s length of service and the fact that there was no "bribe-taking” as such, (see Matter of Chilson v Board of Educ., 34 NY2d 222, 237), there should be an adjustment of the penalty. Concur — Kupferman, J. P., Birns, Silverman, Markewich and Sandler, JJ.

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Bluebook (online)

65 A.D.2d 720, 410 N.Y.S.2d 587, 1978 N.Y. App. Div. LEXIS 13495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feldstein-v-appleby-nyappdiv-1978.

Opinion

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