Hall v. New York City Transit Authority

New York Court of Appeals

Hall v. New York City Transit Authority

431 N.E.2d 307, 55 N.Y.2d 698, 446 N.Y.S.2d 946, 1981 N.Y. LEXIS 3255

DecidedNovember 23, 1981

StatusPublished

This text of 431 N.E.2d 307 (Hall v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hall v. New York City Transit Authority, 431 N.E.2d 307, 55 N.Y.2d 698, 446 N.Y.S.2d 946, 1981 N.Y. LEXIS 3255 (N.Y. 1981).

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Opinion

[700]*700OPINION OF THE COURT

On summary consideration, judgment reversed, with costs, and the determination of the Impartial Disciplinary Review Board reinstated. There was substantial evidence to sustain the findings of the referee, confirmed by the board, that (1) petitioner was unfit for duty, and (2) petitioner’s refusal to submit to a blood test was not predicated on religious considerations. Nor in view of petitioner’s past disciplinary history can we say that the sanction of dismissal was an abuse of discretion.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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[700]*700OPINION OF THE COURT

On summary consideration, judgment reversed, with costs, and the determination of the Impartial Disciplinary Review Board reinstated. There was substantial evidence to sustain the findings of the referee, confirmed by the board, that (1) petitioner was unfit for duty, and (2) petitioner’s refusal to submit to a blood test was not predicated on religious considerations. Nor in view of petitioner’s past disciplinary history can we say that the sanction of dismissal was an abuse of discretion.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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Bluebook (online)

431 N.E.2d 307, 55 N.Y.2d 698, 446 N.Y.S.2d 946, 1981 N.Y. LEXIS 3255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-new-york-city-transit-authority-ny-1981.