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Goodman v. Westchester County Health Care Corp.

281 A.D.2d 547, 721 N.Y.S.2d 819, 2001 N.Y. App. Div. LEXIS 2607
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 19, 2001
StatusPublished

This text of 281 A.D.2d 547 (Goodman v. Westchester County Health Care Corp.) 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
Goodman v. Westchester County Health Care Corp., 281 A.D.2d 547, 721 N.Y.S.2d 819, 2001 N.Y. App. Div. LEXIS 2607 (N.Y. Ct. App. 2001).

Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Edward Stolzenburg, as president and chief executive officer of Westchester County Health Care Corporation, dated March 31, 1999, which adopted the findings and recommendation of a Hearing Officer, made after a hearing, that the petitioner was guilty of misconduct, and terminated his employment.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner’s contention, there was substantial evidence to support the respondents’ determination (see, Matter of Lahey v Kelly, 71 NY2d 135, 140; Matter of Moorehead v New York City Tr. Auth., 190 AD2d 674).

Further, the penalty imposed does not shock the judicial conscience (see, CPLR 7803 [3]; Matter of Paterno, Inc. v Curiale, 88 NY2d 328, 336; Matter of Donati v Shaffer, 83 NY2d 828, 830; Matter of Fox v Finnerty, 62 NY2d 796; Matter of Moorehead v New York City Tr. Auth., supra).

The petitioner’s remaining contentions are without merit. Santucci, J. P., S. Miller, McGinity and Smith, JJ., concur.

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Related

John Paterno, Inc. v. Curiale
668 N.E.2d 395 (New York Court of Appeals, 1996)
MATTER OF DONATI v. Shaffer
633 N.E.2d 1099 (New York Court of Appeals, 1994)
MATTER OF FOX v. Finnerty
465 N.E.2d 1259 (New York Court of Appeals, 1984)
Lahey v. Kelly
518 N.E.2d 924 (New York Court of Appeals, 1987)
Moorehead v. New York City Transit Authority
190 A.D.2d 674 (Appellate Division of the Supreme Court of New York, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
281 A.D.2d 547, 721 N.Y.S.2d 819, 2001 N.Y. App. Div. LEXIS 2607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodman-v-westchester-county-health-care-corp-nyappdiv-2001.