Fields v. Barry

Appellate Division of the Supreme Court of New York

Fields v. Barry

49 A.D.2d 877, 373 N.Y.S.2d 196, 1975 N.Y. App. Div. LEXIS 11084

Appellate Division of the Supreme Court of the State of New York·Decided October 6, 1975·Published

Opinion

Proceeding pursuant to CPLR article 78 to annul a determination of respondent, dated October 13, 1972, made after a hearing, which found petitioner guilty of conduct unbecoming an officer and dismissed him from the Suffolk County Police Department. Determination confirmed and proceeding dismissed, with $20 costs and disbursements. The determination, based on the entire record in this proceeding, is supported by substantial evidence and the punishment imposed is not so disproportionate to the offense as to be shocking to one’s sense of fairness. Rabin, Acting P. J., Hopkins, Christ, Munder and Shapiro, JJ., concur.

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Proceeding pursuant to CPLR article 78 to annul a determination of respondent, dated October 13, 1972, made after a hearing, which found petitioner guilty of conduct unbecoming an officer and dismissed him from the Suffolk County Police Department. Determination confirmed and proceeding dismissed, with $20 costs and disbursements. The determination, based on the entire record in this proceeding, is supported by substantial evidence and the punishment imposed is not so disproportionate to the offense as to be shocking to one’s sense of fairness. Rabin, Acting P. J., Hopkins, Christ, Munder and Shapiro, JJ., concur.

Fields v. Barry, 49 A.D.2d 877, 373 N.Y.S.2d 196, 1975 N.Y. App. Div. LEXIS 11084 (N.Y. Ct. App. 1975).

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