Grau v. Rozzi

Appellate Division of the Supreme Court of New York

Grau v. Rozzi

130 A.D.2d 492, 515 N.Y.S.2d 75, 1987 N.Y. App. Div. LEXIS 46465

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

DecidedMay 4, 1987

StatusPublished

This text of 130 A.D.2d 492 (Grau v. Rozzi) 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

Grau v. Rozzi, 130 A.D.2d 492, 515 N.Y.S.2d 75, 1987 N.Y. App. Div. LEXIS 46465 (N.Y. Ct. App. 1987).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Rozzi, Commissioner of Police of the Nassau County Police Department, dated November 27, 1985, which found the petitioner guilty of a violation of the rules and regulations of the Nassau County Police Department and imposed a fine of three days’ pay.

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

[493]*493The record demonstrates that the petitioner was aware of the requirement that he was to report for turnout at 10:30 p.m. on March 19, 1984. Accordingly, he has no basis to argue that the rule and regulation which he has been found to have violated, was unconstitutionally vague. Further, the penalty imposed, a fine of three days’ pay, did not constitute an abuse of discretion and was not so disproportionate to the offense as to shock one’s sense of fairness. Mollen, P. J., Brown, Weinstein, Fiber and Harwood, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent Rozzi, Commissioner of Police of the Nassau County Police Department, dated November 27, 1985, which found the petitioner guilty of a violation of the rules and regulations of the Nassau County Police Department and imposed a fine of three days’ pay.

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

[493]*493The record demonstrates that the petitioner was aware of the requirement that he was to report for turnout at 10:30 p.m. on March 19, 1984. Accordingly, he has no basis to argue that the rule and regulation which he has been found to have violated, was unconstitutionally vague. Further, the penalty imposed, a fine of three days’ pay, did not constitute an abuse of discretion and was not so disproportionate to the offense as to shock one’s sense of fairness. Mollen, P. J., Brown, Weinstein, Fiber and Harwood, JJ., concur.

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Bluebook (online)

130 A.D.2d 492, 515 N.Y.S.2d 75, 1987 N.Y. App. Div. LEXIS 46465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grau-v-rozzi-nyappdiv-1987.