Gilligan v. Seniuk

Appellate Division of the Supreme Court of New York

Gilligan v. Seniuk

39 A.D.2d 746, 332 N.Y.S.2d 860, 1972 N.Y. App. Div. LEXIS 4614

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

DecidedMay 15, 1972

StatusPublished

This text of 39 A.D.2d 746 (Gilligan v. Seniuk) 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

Gilligan v. Seniuk, 39 A.D.2d 746, 332 N.Y.S.2d 860, 1972 N.Y. App. Div. LEXIS 4614 (N.Y. Ct. App. 1972).

Pincite

Opinion

Proceeding pursuant to article 78 of the CPLR to review respondent’s determination, dated October 8, 1971 and made after a hearing, which dismissed petitioner from the employ of the Nassau County Sheriff’s Department. Proceeding dismissed on the merits and determination confirmed, without costs. In our opinion there was substantial evidence presented at petitioner’s hearing to support the charges of misconduct against him. Respondent’s determination of dismissal had a reasonable and rational basis. Petitioner’s punishment was not excessive pursuant to section 75 of the Civil Service Law; nor does it shock the conscience of the court. Rabin, P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Proceeding pursuant to article 78 of the CPLR to review respondent’s determination, dated October 8, 1971 and made after a hearing, which dismissed petitioner from the employ of the Nassau County Sheriff’s Department. Proceeding dismissed on the merits and determination confirmed, without costs. In our opinion there was substantial evidence presented at petitioner’s hearing to support the charges of misconduct against him. Respondent’s determination of dismissal had a reasonable and rational basis. Petitioner’s punishment was not excessive pursuant to section 75 of the Civil Service Law; nor does it shock the conscience of the court. Rabin, P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

39 A.D.2d 746, 332 N.Y.S.2d 860, 1972 N.Y. App. Div. LEXIS 4614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilligan-v-seniuk-nyappdiv-1972.